The West Bengal Panchayat Act, 1973 - MGNREGA Jalpaiguri, Home

The West Bengal Panchayat Act, 1973 

[Act No. XLI of 1973] 

Part-I 

Chapter-I 

Prelimenary. 

(17 th January 1974) 

1. (1) This Act may be called the West Bengal Panchayat Act, 1973. 

(2) It extends to the whole of West Bengal, except the areas to which the 

provisions of— 

(a) the Cantonments Act, 1924, 

(b) the Howrah Municipal Corporation Act, 1980, 

(c) the 3 [Kolkata] Municipal Corporation Act, 1980, 

(d) the Siliguri Municipal Corporation Act, 1990, 

(e) the Asansol Municipal Corporation Act, 1990, 

(f) the Chandannagar Municipal Corporation Act, 1990, 

(g) the West Bengal Municipal Act, 1993, 

(h) 

the Durgapur Municipal Corporation Act, 1994, or any parts or 

modifications thereof apply or may hereafter be applied. 

(3) This section shall come into force at once; the remaining sections shall come 

into force on such date or dates and in such area or areas as the Stale 

Government may, by notification, appoint and different dates may be appointed 

for different sections and for different areas. 

Part-I 

Chapter I 

Preliminary-Section 2 

2. In this Act, unless there is anything repugnant in the subject or context— 

(1) “auditor” means an auditor appointed under section 186 and includes any 

officer authorised by him to perform all or any of the functions of an auditor under 

Chapter XVIII; 

(2) “Block” means an area referred to in section 93; 

Short title, 

extent and 

commencement. 

Definitions 

1

(3) “Block Development Officer” means an officer appointed as such by the 

State Government 2 [and includes the Joint Block Development Officer-in-charge 

of the Block]; 

(4) “case” means a criminal proceeding in respect of an offence triable by a 

Nyaya Panchayat 

3 (4a) “Collector” means an officer appointed as such by the State Government; 

4 (4b) “Council” means the Darjeeling Gorkha Hill Council constituted under the 

Darjeeling Gorkha Hill Council Act, 1988 

(5) “District Magistrate” includes an Additional District Magistrate, a Deputy 

Commissioner, an Additional Deputy Commissioner and any other Magistrate 

appointed by the State Government to discharge all or any of the functions of a 

District Magistrate under this Act; 

5 (6) “Director of Panchayats” means the Director of Panchayats and Rural 

Development, Government of West Bengal, and includes a Joint Director of 

Panchayats and Rural Development, a Deputy Director of Panchayats and Rural 

Development and an Assistant Director of Panchayats and Rural Development; 

'(7) “District Panchayat Officer” means a District Panchayat and Rural 

Development Officer appointed as such by the State Government; 

(8) “District Planning Committee” means the District Planning Committee 

established by the State Government for a district; 

(9) “Extension Officer, Panchayats” means an officer appointed as such by the 

State Government; 

2 (9a) “general election” means an election of members held simultaneously for 

constitution of Gram Panchayats, Panchayat Samitis, Mahakuma Parishad, or 

Zilla Parishads or any two or more of Gram Panchayats, Panchayat Samitis, 

Mahakuma Parishad, or Zilla Parishads in such area as the State Government 

may by notification specify; 

3 (10) “Gram” means an area referred to in section 3; 

(10) “Gram Panchayat” means a Gram Panchayat constituted under section 4; 

2

4 (1la) “Gram Sabha” means a body consisting of persons registered in the 

electoral rolls pertaining to a Gram declared as such under sub-section (/) of 

section 3; 

4 (11b) “Gram Sansad” means a body consisting of persons registered at any time 

in the electoral rolls pertaining to a constituency of a Gram Panchayat delimited 

for the purpose of last preceding general election to the Gram Panchayat; 

4 (11c) “hill areas” has the same meaning as in the Darjeeling Gorkha Hill Council 

Act, 1988; 

(12) “Karmadhyaksha” means the Karmadhyaksha of a Sthayee Samiti of a 

Panchayat Samiti elected under section 125 or of a Sthayee Samiti of a Zilla 

Parishad elected under section 172, as the case may be; 

1 (12a) “Mahakuma Parishad” means the Mahakuma Parishad for the subdivision 

of Siliguri in the district of Darjeeling constituted under section 185B; 

2 (13) “mouza” means an area defined, surveyed and recorded as such in the 

revenue record of a district and referred to in clause (g) of article 243 of the 

Constitution of India as the lowest unit of area for the purpose of public 

notification for specifying a village; ' 

3 (13a) “Municipality” means an institution of self-government constituted under 

article 243Q of the Constitution of India; 

(14) “notification” means a notification published in the Official Gazette; 

(15) “Nyaya Panchayat” means a Nyaya Panchayat constituted under section 

51; 

4 (/5a) “office bearer” means the Pradhan, Upa-Pradhan, Sabhapati, Sahakari 

Sabhapati, Sabhadhipati or Sahakari Sabhadhipati or any two or more of them 

together; 

4 (15b) “Panchayat” means an institution of 5 [self-government constituted under 

article 243B of the Constitution of India], and includes Gram Panchayat, 

Panchayat Samiti, Mahakuma Parishad or Zilla Parishad; 

(16) “Panchayat Samiti” means a Panchayat Samiti constituted under section 

94; 

3

6 (16a) "population" means the population as ascertained at the last preceding 

census of which the relevant figures have been published; 

(17) “Pradhan” means a Pradhan of a Gram Panchayat elected under section 9; 

(18) “prescribed” means prescribed by rules made under this Act; 

(19) “prescribed authority” means an authority appointed by the State 

Government, by notification, for all or any of the purposes of this Act; 

(20) “public street” means any street, road, lane, gully, alley, passage, pathway, 

bridge, square or court, whether a thoroughfare or not, over which the public 

have a right of way, and includes side drains or gutters and the land up to the 

boundary of any abutting property, notwithstanding the projection over such land 

or any verandah or other superstructure; 

1 (20A) “recognised political party” means a national party or a State party 

recognised as such by the Election Commission of India by notification for the 

time being in force; 

(21) “Sabhapati” means a Sabhapati of a Panchayat Samiti, elected under 

section 98; 

(22) “Sabhadhipati” means a Sabhadhipati of a Zilla Parishad 2 [elected under 

section 143, and includes the Sabhadhipati of Mahakuma Parishad]; 

(23) “Sahakari Sabhapati” means a Sahakari Sabhapati of a Panchayat Samiti, 

elected under section 98; 

(24) “Sahakari Sabhadhipati” means a Sahakari Sabhadhipati of a Zilla 

Parishad, 3 [elected under section 143, and includes the Sahakari Sabhadhipati of 

the Mahakuma Parishad]; 

(25) “Scheduled Castes” means such castes, races or tribes or parts of, or 

groups within, such castes, races or tribes as are deemed to be Scheduled 

Castes, in relation to the State of West Bengal under article 341 of the 

Constitution of India; 

(26) “Scheduled Tribes” means such tribes or tribal communities or parts of, or 

groups within, such tribes or tribal communities as are deemed to be Scheduled 

Tribes in relation to the State of West Bengal under article 342 of the Constitution 

of India; 

4

4 (26A) “State Election Commissioner” means the State Election Commissioner 

referred to in sub-section (/) of section 3 of the West Bengal State Election 

Commission Act, 1994; 

'(26B) 

“State Government” means the State Government in the Department of 

Panchayats and Rural Development; 

(27) “State Planning Board” means the West Bengal State Planning Board established by the State Government; 

2 (27A) “Sub-divisional Officer” means an officer appointed as such by the State 

Government, and includes an Additional Sub-divisional Officer having jurisdiction; 

(28) “suit” means a civil suit triable by a Nyaya Panchayat, 

(29) “Upa-Pradhan” means an Upa-Pradhan of a Gram Panchayat, elected 

under section 9; 

(30) “year" means the year beginning on the first day of April; 

(31) “Zilla Parishad” means a Zilla Parishad of a district constituted under 

section 140. 

Part II 

Gram Panchayat. 

Chapter II. 

Constitution of Gram Panchayat 

3. (1) The State Government may, by notification, declare for the purposes 

of this Act any mauza or part of a mauza or group of contiguous mauzas or parts 

Gram 

thereof to be a Gram: 

3 Provided that any group of mamas or parts thereof, when they are not 

contiguous or have no common boundaries and are separated by an area to 

which this Act does not extend or in which the remaining sections of this Act 

referred to in sub-section (3) of section 1 have not come into force, may also be 

declared to be a Gram. 

(2) The notification under sub-section (I) shall specify the name of the Gram 

by which it shall be known and shall specify the local limits of such Gram. 

(3) The Slate Government may, after making such enquiry as it may think fit 

and after consulting the views of the Gram Panchayat or Panchayats concerned, 

by notification— 

5

(a) exclude from any Gram any area comprised therein; or 

(b) include in any Gram any area contiguous to such Gram or separated by an 

area to which this Act does not extend or in which the remaining sections of this 

Act referred to in sub-section (3) of section 1 have not come into force; or 

(c) divide the area of a Gram so as to constitute two or more Grams, or 

(d) unite the area of two or more Grams so as to constitute a single Gram. 

4. (1) For every Gram the State Government shall constitute a Gram Panchayat 

bearing the name of the Gram. 

(2) Persons whose names are included in the electoral roll 2 [prepared in 

accordance with such rules as may be made by the State Government in this 

behalf and in force on such date as the State Election Commissioner may 

declare for the purpose of an election] pertaining to the area comprised in the 

Gram, shall elect by secret ballot at such time and in such manner as may be 

prescribed, from among themselves such number of members 3 [not being less 

than five] or 4 [more than thirty] 5 [as the prescribed authority may, having regard 

to the number of voters in hill areas and other areas and in accordance with such 

rules as may be made in this behalf by the State Government, determine] 6 * * * * 

1 Provided that seats shall be reserved for the Scheduled Castes and the 

Gram 

Panchayat and 

its constitutions 

Scheduled Tribes in a Gram Panchayat, and the number of seats so reserved 

shall bear, as nearly as may be and in the manner and in accordance with such 

rules as may be made in this behalf by the State Government, the same 

proportion to the total number of seats in that Gram Panchayat to be filled up by 

election as the population of the Scheduled Castes in that Gram or of the 

Scheduled Tribes in that Gram, as the case may be, bears to the total population 

of that Gram and such seats shall be subject to allocation by rotation, in the 

manner prescribed, to such different constituencies having Scheduled Castes or 

Scheduled Tribes population which bears with the total population in that 

constituency not less than half of the proportion that the total Scheduled Castes 

population or the Scheduled Tribes population in that Gram, as the case may be, 

bears with the total population in that Gram: 

6

1 Provided further that not less than one-third of the total number of seats 

reserved for the Scheduled Castes and the Scheduled Tribes shall be reserved 

for women belonging to the Scheduled Castes or the Scheduled Tribes, as the 

case may be: 

1 Provided also that not less than one-third of the total number of seats, 

including the seats reserved for the Scheduled Castes and the Scheduled Tribes, 

in a Gram Panchayat shall be reserved for women, and the constituencies for the 

seats so reserved for women shall be determined by rotation, in such manner as 

may be prescribed: 

1 Provided also that notwithstanding anything contained in the foregoing 

provisions of this sub-section 2 * * * *, when the number of members to be elected 

to a Gram Panchayat is determined by the prescribed authority or when seats 

are reserved for the Scheduled Castes and the Scheduled Tribes in a Gram 

Panchayat in the manner as aforesaid, the number of members so determined or 

the number of seats so reserved shall not be varied for three successive general 

elections: 

1 Provided also that no member of the Scheduled Castes or the Scheduled 

Tribes and no woman for whom seats are reserved under this sub-section, shall, 

if eligible for election to a Gram Panchayat, be disqualified for election to any 

seat not so reserved: 

1 Provided also that the State Election Commissioner may, at any time, for 

reasons to be recorded in writing 2 [, by order, direct the prescribed authority to 

make fresh determination] of the number of members of a Gram Panchayat or 

fresh reservation on rotation of the number of seats in such Gram Panchayat 

and, on such order being issued by the State Election Commissioner, the 

determination of the number of members 3 [or the number of seats (o be reserved 

or the sequence of rotation of reservation of seats or any combination of them as 

may be specified in such order] shall not be varied for 4 [the next] three 

successive general elections: 

7

1 Provided also that the provisions for reservation of seats for the 

Scheduled Castes and the Scheduled Tribes shall cease to have effect on the 

expiry of the period specified in article 334 of the Constitution of India. 

5 (2A) The Gram Panchayat shall consist of the following members:— 

i. members elected under sub-section (2); 

ii. members of the Panchayat Samiti, not being Sabhapati or Sahakari 

Sabhapati, elected thereto from the constituency comprising any part of 

the Gram. 

(3) For the convenience of the election the prescribed authority shall, in 

accordance with such rules as may be made in this behalf by the State 

Government,— 

(a) divide the area of a Gram into constituencies, 6 * * * on the basis of number of 

members of Gram Panchayat determined under sub-section (2); 

(b) allocate to each such constituency seats, 7 [not exceeding two], on the basis 

of electorate of the Gram: 

8 Provided that such division into constituencies and such allocation of 

seats shall be made in such manner that the ratio between the population of the 

Gram and the number of seats in the Gram Panchayat shall, so far as 

practicable, be the same in any Gram Panchayat. 

1 * * * * * * * * 

(4) Every Gram Panchayat constituted under this section shall 2 * * * * * * 

be notified in the Official Gazette and shall come into office with effect from the 

date of its first meeting at which a quorum is present. 

(5) Every Gram Panchayat shall be a body corporate having perpetual 

succession and a common seal and shall, by its corporate name, sue and be 

sued. 

5. (1) When an area is excluded from a Gram under clause (a) of sub-section 

(3) of section 3, such area shall, as from the date of the notification referred to 

in that sub-section, cease to be subject to the jurisdiction of the Gram 

Panchayat of that Gram and, unless the State Government otherwise directs, 

Effect of 

alteration of the 

area of Gram. 

8

to the rules, orders, directions and notifications in force therein. 

(2) When an area is included in a Gram under clause (b) of subsection (3) of 

section 3, the Gram Panchayat for that Gram shall, as from the date of the 

notification referred to in that sub-section, have jurisdiction over such area and, 

unless the State Government otherwise directs, all rules, orders, directions and 

notifications in force in that Gram shall apply to the area so included. 

(3) When the area of any Gram is divided under clause (c) of subsection (3) of 

section 3 so as to constitute two or more Grams, there shall be reconstitution of 

the Gram Panchayat for the newly constituted Grams in accordance with the 

provisions of this Act, and the Gram Panchayat of the Gram so divided shall, as 

from the date of coming into office of the newly constituted Gram Panchayats, 

cease to exist. 3 

(4) When the areas of two or more Grams are united under clause (d) of subsection 

(3) of section 3 so as to constitute a single Gram, there shall be 

reconstitution of the Gram Panchayat for the newly constituted Gram in 

accordance with the provisions of this Act, and the Gram Panchayats of the 

Grams so united shall, as from the date of coming into office of the newly 

constituted Gram Panchayat, cease to exist. 4 

(5) When under sub-section (3) of section 3 any area is excluded from, or 

included in, a Cram, or a Gram is divided so as to constitute two or more Grams, 

or two or more Grams are united to constitute a single Gram, the properties, 

funds and liabilities of the Gram Panchayat or Panchayats affected by such 

reorganization shall vest in such Gram Panchayat or Panchayats, and in 

accordance with such allocation, as may be determined by order in writing by the 

prescribed authority, and such determination shall be final. 

(6) An order made under sub-section (5) may contain such supplemental, 

incidental and consequential provisions as may be necessary to give effect to 

such reorganization. 

1 Explanation—For the purpose of reconstitution of the Gram Panchayat after 

division referred to in sub-section (3} or after unification referred to in sub-section 

(4),— 

9

(a) it shall not be necessary to hold general election to the newly constituted 

Gram Panchayat or Gram Panchayats when the terms of office of the members 

of the former Gram Panchayats within the scope and meaning of sub-section (/) 

of section 7, do not expire; and 

(b) such members having unexpired terms of office shall be declared by the 

State Government or such authority as may be empowered, by order, by the 

State Government in this behalf, by notification in the Official Gazette, as 

members to the newly constituted Gram Panchayat that comprises the 

constituencies, wholly or in part, from which such members were elected to the 

former Gram Panchayats and any such member shall hold office in the newly 

constituted Gram Panchayat for the unexpired portion of the term of his office. 

(Part II- Gram Panchayat-Chapter II – Constitution of 

Gram Panchayat-Section-6) 

6. (1) If, at any time, the whole of the area of a Gram is included in a municipality 

2 [by a notification under any law for the time being in force or in an area under 

the authority of] a Town Committee or a Cantonment, the Gram Panchayat 

concerned shall cease to exist J [within six months from the date of the notification 

or with effect from such date as may be specified in the notification or with effect 

from the date on which elections to the newly constituted body are completed, 

whichever is earlier,] and the properties, funds and other assets vested in such 

Gram Panchayat and all the rights and liabilities of such Gram Panchayat shall 

vest in and devolve on the Commissioners of the Municipality '* * * * * . * or on 

the Town Committee or on the Cantonment Authority, as the case may be, 2 [in 

accordance with the orders of the prescribed authority. The persons employed 

under such Gram Panchayat shall, 3 [with effect from the date on which the Gram 

Panchayat ceases to exist,) be deemed to be employed by the Municipality 4 * * * 

* * or the Town Committee or the Cantonment Authority, as the case may be, on 

terms and conditions not being less advantageous than what they were entitled 

to immediately before such inclusion.] 

(2) If, at any time, a part of the area of a Gram is included in a Municipality by a 

notification under any law for the time being in force or in an area under the 

Effect of 

inclusion of a 

Gram or part 

thereof in 

municipality, 

etc. 

10

authority of a Town Committee or a Cantonment, the area of the Gram shall be 

deemed to have been reduced to the extent of the part so included in such 

Municipality or under the authority of such Town Committee or Cantonment on 

expiry of six months from the date of the notification or with effect from such date 

as may be specified in the notification or with effect from the date on which 

election to the newly constituted body from the area so included are completed, 

whichever is earlier and the properties, funds and liabilities of the Gram 

Panchayat in respect of the part so included shall vest in and devolve on the 

Municipality, Town Committee or Cantonment Authority, as the case may be, in 

accordance with such allocations as may be determined by the prescribed 

authority and such determination shall be final and, unless the State Government 

otherwise directs, all rules, orders, directions and notifications in force in the area 

under the authority of the Municipality, town Committee or Cantonment, as the 

case may be, shall apply to the part of the area of the Gram so included. 5 

Constitution of 

Gram 

Panchayat 

comprising 

whole or part of 

area of 

Municipality 

6 6A. (1) If the State Government is of opinion that the whole or any part of the 

area of a Municipality has changed its character and should constitute one or 

more Gram Panchayats, the State Government may, by notification, after 

previous publication of the draft of the notification in the Official Gazette,— 

(a) include such area in an existing Gram Panchayat to be specified in 

the notification, or 

(b) constitute one or more Gram Panchayat in such area: 

Provided that the draft of the notification shall also be published in at least two 

local newspapers published from any place within the district in which the area of 

the Municipality is situated, inviting objections and suggestions within a period of 

two months from the date of such publication, and any objection or suggestion 

which may be received, shall be considered by such authority as may be 

appointed by the State Government in this behalf, within three months, from the 

date of such publication, after giving the persons concerned an opportunity of 

being heard. 

11

(2) Within six months from the date of publication of the notification under subsection 

(/), elections shall be held to the Gram Panchayat from the area specified 

in the notification and, with effect from the date of completion of such elections, 

the area shall be deemed to be included in the Gram Panchayat so specified or 

so constituted, as the case may be, and the Municipality in the area so notified 

shall cease to exist: 

Provided that if such area or any part thereof constitutes under any law for 

the time being in force one or more constituencies of a Panchayat Samiti or Zilla 

Parishad or of the Mahakuma Parishad, elections to that Panchayat Samiti or 

Zilla Parishad or to the Mahakuma Parishad, as the case may be, from such 

constituency-or constituencies shall be held simultaneously with the elections to 

the Gram Panchayat: 

Provided further that if such area cannot constitute one or more 

constituencies of a Panchayat Samiti or Zilla Parishad or of the Mahakuma 

Parishad, the area shall be included in a contiguous constituency and no election 

shall be held from that constituency to the Panchayat Samiti or the Zilla Parishad 

or the Mahakuma Parishad, as the case may be, during the unexpired term of the 

members of such body holding office at that time. 

(3) With effect from the date on which the area as aforesaid is included in a 

Gram Panchayat,— 

(a) the properties, funds and liabilities of the Municipality in respect of 

the area so included, shall vest in and develop on the Gram 

Panchayat, the Panchayat Samiti, the Zilla Parishad or the 

Mahakuma Parishad in accordance with such allocation as may be 

determined by the prescribed authority, and 

(b) the persons among those employed by the Municipality in respect 

of the area so included shall be deemed to be employed by the 

Gram Panchayat, the Panchayat Samiti, the Zilla Parishad or the 

Mahakuma Parishad in accordance with such allocation as may be 

determined by the prescribed authority. 

12

Term of office 

of members of 

Gram 

Panchayat. 

(Part II.- Gram Panchayat-Chapter II – Constitution of 


7. (1) The members of a Gram Panchayat shall, subject to the provisions of 

sections 11 and 213 A, hold office for a period of five years from the date 

appointed for its first meeting and no longer. 

(2) There shall be held a general election for the constitution of a Gram 

Panchayat within a period not exceeding five years from the date of the previous 

general election held for that Gram Panchayat: 

Provided that if the first meeting of the newly-formed Gram Panchayat cannot be 

held before the expiry of the period of five years under subsection (/), the State 

Government may, by order, appoint any authority, person or persons to exercise 

and perform, subject to such conditions as may be specified in the order, the 

powers and functions of the Gram Panchayat under this Act or any other law for 

the time being in force, for a period not exceeding three months or until the date 

on which such first meeting of the newly-formed Gram Panchayat is held, 

whichever is earlier. 

2 7A. [(General election to Gram Panchayat.)—Omitted by s. 6 of the West 

Bengal Panchayat (Amendment) Act, 1994 (West Ben. Act XVIII of 1994}}. 

Disqualificatio 

ns of 

members of 

Gram 


8. Subject to the provisions contained in sections 94 and 97, a person shall not 

be qualified to be a member of a Gram Panchayat, if— 

(a) he is a member of 3 * * * any municipal authority constituted under any of the 

Acts referred to in sub-section (2) of section 1; or 

(b) he is in the service of the Central or the State Government or a Gram 

Panchayat or a Panchayat Samiti 5 [or a Zilla Parishad or the Mahakuma 

Parishad or the Council;] and for the purposes of this clause, it is hereby 

declared that a person in the service of any undertaking of the Central or the 

State Government or any statutory body or Corporation or any public or 

Government company or any local authority or any co-operative society or any 

banking company or any university or any Government sponsored institution or 

13

any educational or other institution or undertaking or body receiving any aid from 

the Government by way of grant or otherwise or a person not under the rulemaking-authority 

of the Central or the State Government or a person receiving 

any remuneration from any undertaking or body or organisation or association of 

persons as the employee or being in the service of such undertaking or body or 

organisation or association of persons out of funds provided or grants made or 

aids given by the Central or the State Government, shall not be deemed to be in 

the service of the Central or the State Government; or 

(c) he has, directly or indirectly by himself or by his partner or employer or an 

employee, any share or interest in any contract with, by or on behalf of, the Gram 

Panchayat, or the Panchayat Samiti of the Block comprising the Gram 

concerned, '[or the Zilla Parishad of the district, or the Mahakuma Parishad, or 

the Council:] 

Provided that no person shall be deemed to be disqualified for being elected a 

member of a Gram Panchayat by reason only of his having a share or interest in 

any public company as defined in the Companies Act, 1956, which contracts with 

or is employed by the Gram Panchayat or Panchayat Samiti of the Block 

comprising the Gram 2 [or the Zilla Parishad or the Mahakuma Parishad or the 

Council;] Or 

(d) he has been dismissed from the service of the Central or a State 

Government or a local authority or a co-operative society, or a Government 

company or a corporation owned or controlled by the Central or a State 

Government for misconduct involving moral turpitude and five years have not 

elapsed from the date of such dismissal; or 

(e) he has been adjudged by a competent court to be of unsound mind; or 

(f) he is an undischarged insolvent; or 

(g) he being a discharged insolvent has not obtained from the court a certificate 

that his insolvency was caused by misfortune without any misconduct on his part; 

or 

1 (h) 

(i) he has been convicted by a court— 

14

(A) of an offence involving moral turpitude punishable with imprisonment for a 

period of more than six months, or 

(B) of an offence under Chapter IXA of the Indian Penal Code, or 

(C) under section 3 or section 9 of the West Bengal Local Bodies 

(Electoral Offences and Miscellaneous Provisions) Act, 1952 and five years 

have not elapsed from the date of the expiration of the sentence; or 

(ii) he is disqualified for the purpose of election to the State Legislature under the 

provisions of Chapter III of Part II of the Representation of the People Act, 1951; 

or 

(i) he has not attained the age of twenty-one years on the date fixed for the 

scrutiny of nominations for any election; or 

(j) he has been convicted under section 9A at any time during the last ten 

years; or 

(k) he has been convicted under section 189 at any time during the last ten 

years; or 

(l) he has been surcharged or charged under section 192 at any time during 

the last ten years; or 

(m) he has been removed under section 213 at any time during the period of 

last five years. 

Pradhan and Upa-Pradhan. ( Part II.- Gram Panchayat-Chapter II – Constitution 

of Gram Panchayat-Section-9) 

(1) Every Gram Panchayat shall, at its first meeting at which a quorum is 

present, elect, in the prescribed manner, one of its members to be the Pradhan 

and another member to be the Upa-Pradhan of the Gram Panchayat: 

3 Provided that the members referred to in clause (ii) of sub-section (2A) of 

section 4 4 [shall neither participate in, nor be eligible for such election]: 

'Provided further that subject to such rules as may be made in this behalf by the 

State Government, a member shall not be eligible for such election unless he 

declares in writing that on being elected, he shall be a whole time functionary of 

his office and that during the period for which he holds or is due to hold such 

office, he shall not hold any office of profit unless he has obtained leave of 

15

absence from his place of employment or shall not carry on or-be associated with 

any business, profession or calling in such manner that shall or is likely to 

interfere with due exercise of his powers, performance of his functions or due 

discharge of his duties: 

2 [Provided also] that subject to such rules as may be made by the State 

Government in this behalf, the offices of the Pradhan and the Upa-Pradhan shall 

be reserved for the Scheduled Castes and the Scheduled Tribes in such manner 

that the number of offices so reserved at the time of any general election shall 

bear, as nearly as may be, the same proportion to the total number of such 

offices within a district as the population of the Scheduled Castes or the 

Scheduled Tribes, as the case may be, in all the Blocks within such district taken 

together bears with the total population in the same area, and such offices shall 

be subject to allocation by rotation in the manner prescribed: 

2 Provided also that the offices of the Pradhan and the Upa-Pradhan in any Gram 

Panchayat having the Scheduled Castes or the Scheduled Tribes population, as 

the case may be, constituting not more than five per cent of the total population 

in the Gram, shall not be considered for allocation by rotation: 

2 Provided also that in the event of the number of Grams having the Scheduled 

Castes or the Scheduled Tribes population constituting more than five per cent of 

the total population, falling short of the number of the offices of the Pradhan and 

the Upa-Pradhan required for reservation in a district, the State Election 

Commissioner may, by order, include, for the purpose of reservation, other such 

offices of the Pradhan and the Upa-Pradhan beginning from the Gram having 

higher proportion of the Scheduled Castes or the Scheduled Tribes, as the case 

may be, until the total number of seats required for reservation is obtained: 

3 Provided also that in a district, determination of the offices of the Pradhan 

reserved for the Scheduled Castes, the Scheduled Tribes and women shall 

precede such determination of the offices of the Upa-Pradhan: 

'Provided also that if, for any term of election (hereinafter referred to in this 

proviso as the said term of election), the office of the Pradhan in a Gram 

Panchayat is reserved for any category of persons in accordance with the rules 

16

in force, the office of the Upa-Pradhan in that Cram Panchayat shall not be 

reserved for the said term of election for any category, and if, in accordance with 

the rules applicable to the office of the Upa-Pradhan, such office is required to be 

reserved for the said term of election, such reservation for the same category 

shall be made in another office of the Upa-Pradhan within the district in the 

manner prescribed, keeping the total number of offices so reserved for the said 

term of election equal to the number of such offices required to be reserved in 

accordance with the rules in force: 

'Provided also that when in any term of election, an office of the Upa-Pradhan is 

not reserved on the ground that the corresponding office of the Pradhan is 

reserved in the manner prescribed, such office of the Upa-Pradhan not reserved 

on the ground as aforesaid, shall be eligible for consideration for reservation 

during the next term of election in the manner prescribed: 

2 Provided also that not less than one-third of the total number of offices of the 

Pradhan and the Upa-Pradhan in a district including the offices reserved for the 

Scheduled Castes and the Scheduled Tribes shall be reserved for the women, 

and the offices so reserved shall be determined by rotation in such manner as 


'Provided also that notwithstanding anything contained in the foregoing 

provisions of this sub-section or elsewhere in this Act, the principle of rotation for 

the purpose of reservation of offices under this sub-section shall commence from 

the first general elections to be held after the coming into force of section 8 of the 

West Bengal Panchayat (Amendment) Act, 1994, and the roster for reservation 

by rotation shall continue for every three successive terms for the complete 

rotation unless the State Election Commissioner, for reasons to be recorded in 

writing and by notification, directs fresh commencement of the rotation at any 

stage excluding one or more terms from the operation of the rotation: 

'Provided also that no member of the Scheduled Castes or the Scheduled Tribes 

and no woman, for whom the offices are reserved under this sub-section, shall, if 

eligible for the office of the Pradhan or the Upa-Pradhan, be disqualified for 

election to any office not so reserved; 

17

'Provided also that the provisions for reservation of the offices of the Pradhan 

and the Upa-Pradhan for the Scheduled Castes and the Scheduled Tribes shall 

cease to have effect on the expiry of the period specified in article 334 of the 

Constitution of India. 

(2) The meeting to be held under sub-section (/) shall be convened by the 

prescribed authority in the prescribed manner. 

(3) The Pradhan and the Upa-Pradhan shall, subject to the provisions of section 

12 and to their continuing as members, hold office for a period of 2 [five years]. 

3* * * * * * 

(4) When— 

(a) the office of the Pradhan falls vacant by reason of death, resignation, 

removal or otherwise, or 

(b) the Pradhan is, by reason of leave, illness or other cause, temporarily unable 

to act, 

the Upa-Pradhan shall exercise the powers, perform the functions and discharge 

the duties of the Pradhan until a new Pradhan is elected and assumes office or 

until the Pradhan resumes his duties, as the case may be. 

(5) When— 

(a) the office of the Upa-Pradhan falls vacant by reason of death, resignation, 


(b) the Upa-Pradhan is, by reason of leave, illness or other cause, temporarily 

unable to act, 

the Pradhan shall exercise the powers, perform the functions and discharge the 

duties of the Upa-Pradhan until a new Upa-Pradhan is elected and assumes 

office or until the Upa-Pradhan resumes his duties, as the case may be. 

(6) When the offices of the Pradhan and the Upa-Pradhan are both vacant, or 

the Pradhan and the Upa-Pradhan are temporarily unable to act, the prescribed 

authority may appoint ' [for a period of thirty days at a time] a Pradhan and an 

Upa-Pradhan from among the members of the Gram Panchayat to act as such 

until a Pradhan or an Upa-Pradhan is elected and assumes office 2 [or until the 

Pradhan or the Upa-Pradhan resumes duties, as the case may be]. 

18

(7) The Pradhan and the Upa-Pradhan of a Gram Panchayat shall be entitled to 

leave of absence for such period or periods as may be prescribed. 

3 (8) On election of the Pradhan following a general election or the office of the 

Pradhan otherwise falling vacant, the Pradhan holding office for the time being or 

the Upa-Pradhan or any authority or any other member exercising the powers, 

performing the functions and discharging the duties of the Pradhan shall make 

over all case, assets, documents, registers and seals which he may have in his 

possession, custody or control as soon thereafter as possible on such date, 

place and hour as may be fixed by the Block Development Officer to the newly 

elected Pradhan, or, in the case of a vacancy occurring otherwise, to the Upa- 

Pradhan or to the authority or person, as the case may be referred to in the 

proviso to sub-section (2) of section 1 or sub-section (6) of this section or clause 

(b) of sub-section (/) of section 215 4 [or section 216] in the presence of the Block 

Development Officer or any other officer authorised in writing by him in this 

behalf. 

5 (9) On the alteration of the area of a Gram under sub-section (3) of section 3 or 

sub-section (2) of section 6 or inclusion of a Gram in a municipality or a notified 

area or a Municipal Corporation or a Town Committee or a Cantonment under 

sub-section (1) of section 6, and the effect of such alteration or inclusion, as the 

case may be, coming into force, the Pradhan or the Upa-Pradhan or any other 

authority or any other person exercising the powers, performing the functions and 

discharging the duties of the Pradhan immediately before such alteration or 

inclusion of the area of the Gram concerned shall make over the properties, 

funds and other assets vested in such Gram Panchayat and all the rights and 

liabilities of such Gram Panchayat in compliance with the order of the prescribed 

authority under sub-section (5) of section 5 and sub-sections (7) and (2) of 

section 6. 

1 (10) Notwithstanding anything to the contrary contained in this Act, the State 

Government may, by an order in writing, remove a Pradhan or an Upa-Pradhan 

from his office if, in its opinion he holds any office of profit or carries on or is 

associated with any business, profession or calling in such manner that shall, or 

19

is likely to, interfere with due exercise of his powers, performance of his functions 

or discharge of his duties: 

Provided that the State Government shall, before making any such order, give 

the person concerned an opportunity of making a representation against the 

proposed order. 

2 9A. If a Pradhan or an Upa-Pradhan or an authority or a person referred to in 

sub-section (8) 3 [and sub-section (9)] of section 9 fails to comply with the 

provisions of that sub-section, he shall be punishable with imprisonment for a 

term which may extend to three years or liable to pay fine not exceeding two 

thousand rupees or both and the offence shall be cognizable: 

Provided that without prejudice to the foregoing penal provisions such default 

shall also be construed as a misconduct for which he may be debarred from 

standing as a candidate in any election in any capacity under this Act for such 

term as may be determined by the prescribed authority after giving the person 

concerned an opportunity of being heard and any order debarring him shall be in 

writing stating the reasons therefore and shall also be published in the Official 

Gazette. 

(Part II.- Gram Panchayat-Chapter II – Constitution of 


9. (1) Every Gram Panchayat shall, at its first meeting at which a quorum is 

present, elect, in the prescribed manner, one of its members to be the Pradhan 

and another member to be the Upa-Pradhan of the Gram Panchayat: 

3 Provided that the members referred to in clause (ii) of sub-section (2A) of 

Pradhan 

and 

Upa-Pradhan. 

section 4 4 [shall neither participate in, nor be eligible for such election]: 

'Provided further that subject to such rules as may be made in this behalf by the 





absence from his place of employment or shall not carry on or-be associated with 


20

interfere with due exercise of his powers, performance of his functions or due 


2 [Provided also] that subject to such rules as may be made by the State 

Government in this behalf, the offices of the Pradhan and the Upa-Pradhan shall 



bear, as nearly as may be, the same proportion to the total number of such 

offices within a district as the population of the Scheduled Castes or the 

Scheduled Tribes, as the case may be, in all the Blocks within such district taken 

together bears with the total population in the same area, and such offices shall 

be subject to allocation by rotation in the manner prescribed: 

2 Provided also that the offices of the Pradhan and the Upa-Pradhan in any Gram 

Panchayat having the Scheduled Castes or the Scheduled Tribes population, as 

the case may be, constituting not more than five per cent of the total population 

in the Gram, shall not be considered for allocation by rotation: 

2 Provided also that in the event of the number of Grams having the Scheduled 


the total population, falling short of the number of the offices of the Pradhan and 

the Upa-Pradhan required for reservation in a district, the State Election 

Commissioner may, by order, include, for the purpose of reservation, other such 

offices of the Pradhan and the Upa-Pradhan beginning from the Gram having 

higher proportion of the Scheduled Castes or the Scheduled Tribes, as the case 

may be, until the total number of seats required for reservation is obtained: 

3 Provided also that in a district, determination of the offices of the Pradhan 

reserved for the Scheduled Castes, the Scheduled Tribes and women shall 

precede such determination of the offices of the Upa-Pradhan: 

'Provided also that if, for any term of election (hereinafter referred to in this 

proviso as the said term of election), the office of the Pradhan in a Gram 

Panchayat is reserved for any category of persons in accordance with the rules 

in force, the office of the Upa-Pradhan in that Cram Panchayat shall not be 

reserved for the said term of election for any category, and if, in accordance with 

21

the rules applicable to the office of the Upa-Pradhan, such office is required to be 

reserved for the said term of election, such reservation for the same category 

shall be made in another office of the Upa-Pradhan within the district in the 




'Provided also that when in any term of election, an office of the Upa-Pradhan is 

not reserved on the ground that the corresponding office of the Pradhan is 

reserved in the manner prescribed, such office of the Upa-Pradhan not reserved 

on the ground as aforesaid, shall be eligible for consideration for reservation 

during the next term of election in the manner prescribed: 


Pradhan and the Upa-Pradhan in a district including the offices reserved for the 

Scheduled Castes and the Scheduled Tribes shall be reserved for the women, 

and the offices so reserved shall be determined by rotation in such manner as 





the first general elections to be held after the coming into force of section 8 of the 

West Bengal Panchayat (Amendment) Act, 1994, and the roster for reservation 

by rotation shall continue for every three successive terms for the complete 

rotation unless the State Election Commissioner, for reasons to be recorded in 

writing and by notification, directs fresh commencement of the rotation at any 

stage excluding one or more terms from the operation of the rotation: 



eligible for the office of the Pradhan or the Upa-Pradhan, be disqualified for 

election to any office not so reserved; 

'Provided also that the provisions for reservation of the offices of the Pradhan 

and the Upa-Pradhan for the Scheduled Castes and the Scheduled Tribes shall 

22

cease to have effect on the expiry of the period specified in article 334 of the 


(2) The meeting to be held under sub-section (/) shall be convened by the 

prescribed authority in the prescribed manner. 

(3) The Pradhan and the Upa-Pradhan shall, subject to the provisions of section 

12 and to their continuing as members, hold office for a period of 2 [five years]. 

3* * * * * * 

(4) When— 

(a) the office of the Pradhan falls vacant by reason of death, resignation, 


(b) the Pradhan is, by reason of leave, illness or other cause, temporarily unable 

to act, 

the Upa-Pradhan shall exercise the powers, perform the functions and discharge 

the duties of the Pradhan until a new Pradhan is elected and assumes office or 

until the Pradhan resumes his duties, as the case may be. 

(5) When— 

(a) the office of the Upa-Pradhan falls vacant by reason of death, resignation, 


(b) the Upa-Pradhan is, by reason of leave, illness or other cause, temporarily 

unable to act, 

the Pradhan shall exercise the powers, perform the functions and discharge the 

duties of the Upa-Pradhan until a new Upa-Pradhan is elected and assumes 

office or until the Upa-Pradhan resumes his duties, as the case may be. 

(6) When the offices of the Pradhan and the Upa-Pradhan are both vacant, or 

the Pradhan and the Upa-Pradhan are temporarily unable to act, the prescribed 

authority may appoint ' [for a period of thirty days at a time] a Pradhan and an 

Upa-Pradhan from among the members of the Gram Panchayat to act as such 

until a Pradhan or an Upa-Pradhan is elected and assumes office 2 [or until the 

Pradhan or the Upa-Pradhan resumes duties, as the case may be]. 

(7) The Pradhan and the Upa-Pradhan of a Gram Panchayat shall be entitled to 

leave of absence for such period or periods as may be prescribed. 

23

3 (8) On election of the Pradhan following a general election or the office of the 

Pradhan otherwise falling vacant, the Pradhan holding office for the time being or 

the Upa-Pradhan or any authority or any other member exercising the powers, 

performing the functions and discharging the duties of the Pradhan shall make 

over all case, assets, documents, registers and seals which he may have in his 

possession, custody or control as soon thereafter as possible on such date, 

place and hour as may be fixed by the Block Development Officer to the newly 

elected Pradhan, or, in the case of a vacancy occurring otherwise, to the Upa- 

Pradhan or to the authority or person, as the case may be referred to in the 

proviso to sub-section (2) of section 1 or sub-section (6) of this section or clause 

(b) of sub-section (/) of section 215 4 [or section 216] in the presence of the Block 

Development Officer or any other officer authorised in writing by him in this 

behalf. 

5 (9) On the alteration of the area of a Gram under sub-section (3) of section 3 or 

sub-section (2) of section 6 or inclusion of a Gram in a municipality or a notified 

area or a Municipal Corporation or a Town Committee or a Cantonment under 

sub-section (1) of section 6, and the effect of such alteration or inclusion, as the 

case may be, coming into force, the Pradhan or the Upa-Pradhan or any other 

authority or any other person exercising the powers, performing the functions and 

discharging the duties of the Pradhan immediately before such alteration or 

inclusion of the area of the Gram concerned shall make over the properties, 

funds and other assets vested in such Gram Panchayat and all the rights and 

liabilities of such Gram Panchayat in compliance with the order of the prescribed 

authority under sub-section (5) of section 5 and sub-sections (7) and (2) of 

section 6. 

1 (10) Notwithstanding anything to the contrary contained in this Act, the State 

Government may, by an order in writing, remove a Pradhan or an Upa-Pradhan 

from his office if, in its opinion he holds any office of profit or carries on or is 

associated with any business, profession or calling in such manner that shall, or 

is likely to, interfere with due exercise of his powers, performance of his functions 


24

Provided that the State Government shall, before making any such order, give 

the person concerned an opportunity of making a representation against the 

proposed order. 

2 9A. If a Pradhan or an Upa-Pradhan or an authority or a person referred to in 

sub-section (8) 3 [and sub-section (9)] of section 9 fails to comply with the 

provisions of that sub-section, he shall be punishable with imprisonment for a 

term which may extend to three years or liable to pay fine not exceeding two 

thousand rupees or both and the offence shall be cognizable: 

Provided that without prejudice to the foregoing penal provisions such default 

shall also be construed as a misconduct for which he may be debarred from 

standing as a candidate in any election in any capacity under this Act for such 

term as may be determined by the prescribed authority after giving the person 

concerned an opportunity of being heard and any order debarring him shall be in 

writing stating the reasons therefore and shall also be published in the Official 

Gazette. 

(Part II.- Gram Panchyat-Chapter II – Constitution of 

Gram panchyat) 

10. (1) A Pradhan or an Upa-Pradhan or a member of a Gram Panchayat may 

resign his office by notifying in writing his intention to do so to the prescribed 

authority and on such resignation being accepted the Pradhan, the Upa-Pradhan 

or the member shall be deemed to have vacated his office. 

(2) When a resignation is accepted under sub-section (1), the prescribed 

authority shall communicate it to the members of the Gram Panchayat within 

thirty days of such acceptance. 

11. (1) The prescribed authority may, after giving an opportunity to a member of 

a Gram Panchayat to show cause against the action proposed to be taken 

against him, by order remove him from office— 

(a) if after his election he is convicted by a criminal court of an offence involving 

moral turpitude and punishable with imprisonment for a period of more than six 

months; or 

Registration of 

Pradhan Upa- 

Pradhan or a 

member. 

Removal of 

member of 

Gram 


25

(b) if he was disqualified to be a member of the Gram Panchayat at the time of 

his election; or 

(c) if he incurs any of the disqualifications mentioned in clauses (b) to (g) of 

section 8 after his election as a member of the Gram Panchayat; or 

(d) if he is absent from- three consecutive meetings of the Gram Panchayat 

without the leave of the Gram Panchayat; or 

(e) if he does not pay any arrear in respect of any tax, toll, fee or rate payable 

under this Act, or the Bengal Village Self-Government Act, 1919, or the West 

Bengal Panchayat Act, 1957, or the West Bengal Zilla Parishads Act, 1963. 

(2) Any member of a Gram Panchayat who is removed from his office by the 

prescribed authority under sub-section (1) may, within thirty days from the date of 

the order, appeal to such authority as the Stale Government may appoint in this 

behalf, and, thereupon, the authority so appointed may stay the operation of the 

order till the disposal of the appeal and may, after giving notice of the appeal to 

the prescribed authority, and after giving the appellant an opportunity of being 

heard, modify, set aside or confirm the order. 

(3) The order passed by such authority on such appeal shall be final. 

Removal of 

Pradhan and 

Upa- 

Pradhan. 

(Part II.- Gram Panchyat-Chapter II – Constitution of Gram panchyat) 

12. [Subject to the other provisions of this section, a Pradhan or an Upa- 

Pradhan] of a Gram Panchayat may, at any time, be removed from office 2 [by a 

resolution carried by the majority of the existing members referred to in clause (i) 

of sub-section (2A) of section 4] at a meeting specially convened for the purpose. 

Notice of such meeting shall be given to the prescribed authority: 

Provided that at any such meeting while any resolution for the removal of the 

Pradhan from his office is under consideration, the Pradhan, or while any 

resolution for the removal of the Upa-Pradhan from his office is under 

consideration, the Upa-Pradhan, shall not, though he is present, preside, and the 

provisions of sub-section (2) of section 16 shall apply in relation to every such 

meeting as they apply in relation to a meeting from which the Pradhan or, as the 

case may be, the Upa-Pradhan is absent. 

26

1 Provided further that no meeting for the removal of the Pradhan or the Upa- 

Pradhan under this section shall be convened within a period of one year from 

the date of election of the Pradhan or the Upa-Pradhan: 

1 Provided also that if, at a meeting convened under this section, either no 

meeting is held or no resolution removing an office bearer is adopted, no other 

meeting shall be convened for the removal of the same office bearer within six 

months from the date appointed for such meeting. 

(Part II.- Gram Panchayat-Chapter II – Constitution of Gram panchayat) 

13. In the event of removal of a Pradhan or an Upa-Pradhan under section 12 or 

when a vacancy occurs in the office of a Pradhan or an Upa-Pradhan by 

resignation, death or otherwise, the Gram Panchayat shall elect another Pradhan 

or Upa-Pradhan in the prescribed manner. 

Filling of casual 

vacancy in the 

office of 

Pradhan or 

Upa-Pradhan. 

(Part II.- Gram Panchayat-Chapter II – Constitution of Gram Panchayat.) 

14. If the office of a member of a Gram Panchayat becomes vacant by reason of 

his death, resignation, removal or otherwise, the vacancy shall be filled in the 

prescribed manner by election of another person under this Act. 

15. Every Pradhan or Upa-Pradhan elected under section 13 and every member 

elected under section 14 to fill a casual vacancy shall hold office for the 

unexpired portion of the term of office of the person in whose place he becomes 

a member. 


vacancy in 

place of 

member of 

Gram 



of 

Pradhan,Upa- 

Pradhan or 

member filling 

casual vacancy 

16. (1) Every Gram Panchayat shall hold a meeting at least once in a month 2 [in 

the office of the Gram Panchayat. Such meeting shall be held on such date and 

at such hour as the Gram Panchayat may fix at the immediately preceding 

meeting]: 

Provided that the first meeting of a newly constituted Gram Panchayat 

shall be held 3 [on such date and at such hour and] at such place within the local 

limits of the Gram concerned as the prescribed authority may fix: 

Meetings 

Gram 


of 

27

Provided further that the Pradhan when required in writing by 1 [one-third] 

or the members of the Gram Panchayat subject to a minimum of 2 [three 

members] to call meeting 3 [shall do so fixing the date and hour of the meeting 

4 (to be held) within fifteen days after giving intimation to the prescribed authority 

and seven days' notice to the members of the Gram Panchayat,] failing which the 

members aforesaid may call a meeting 5 [to be held] 6 [within thirty-five days] after 

giving intimation to the prescribed authority and seven clear days' notice to the 

Pradhan and other members of the Gram Panchayat. Such meeting shall be held 

7 [in the office of the Gram Panchayat on such date and at such hour] as the 

members calling the meeting may decide. 8 [The prescribed authority may appoint 

an observer for such meeting who shall submit to the prescribed authority a 

report in writing duly signed by him within a week of the meeting on the 

proceedings of the meeting. The prescribed authority shall, on receipt of the 

report, take such action thereon as it may deemed fit]: 

9 Provided also that for the purpose of convening a meeting under section 

12, at least one-third of the members referred to in clause (i) of sub-section (2A) 

of section 4, subject to a minimum of three members, shall require the Pradhan 

to convene the meeting: 

10 Provided also that if the Gram Panchayat does not fix at any meeting the 

date and the hour of the next meeting or if any meeting of the Gram Panchayat is 

not held on the date and the hour fixed at the immediately preceding meeting, the 

Pradhan shall call a meeting of the Gram Panchayat on such date and at such 

hour as he thinks fit. 

(2) The Pradhan or in his absence the Upa-Pradhan shall preside at the 

meeting of the Gram Panchayat; and in the absence of both 1 [or on the refusal of 

any or both to preside at a meeting,] the members present shall elect one of 

them to be the President of the meeting. 

(3) 

2 [One-third] of the total number of members subject to a minimum of 

3 [three] members shall form a quorum for a meeting of a Gram Panchayat; 

Provided that no quorum shall be necessary for a adjourned meeting. 

28

(4) All questions coming before a Gram Panchayat shall be decided by a 

majority of votes: 

Provided that in case of equality of votes the person presiding shall have a 

second or casting vote: 

4 Provided further that in case of a requisitioned meeting for the removal of a 

Pradhan or an Upa-Pradhan under section 12, the person presiding shall have 

no second or casting vote. 

6 16A. (1) Every constituency of a Gram Panchayat under clause (a) of subsection 

(3) of section 4 shall have a 7 [Gram Sansad] consisting of persons whose 

names are included in the electoral roll of the West Bengal Legislative Assembly 

for the time being in force pertaining to the area comprised in such constituency 

of the Gram Panchayat. 

(2) Every Gram Panchayat shall hold within the local limits of the Gram an 

annual and a half-yearly meeting for each 7 [Gram Sansad] at such place, on 

such date and at such hour as may be fixed by the Gram Panchayat: 

Provided that the annual meeting of the 7 [Gram Sansad] shall be held ordinarily 

in the month of May and the half-yearly meeting of the 7 [Gram Sansad] shall be 

held ordinarily in the month of November every year: 

1 [Provided further that a Gram Panchayat may, in addition to the annual and the 

Meeting of 

Gram Sansad. 

half-yearly meeting, hold extraordinary meeting of a Gram Sansad at any time if 

the situation so warrants or if the State Government, by order, so directs and for 

the purpose of holding such extraordinary meeting, provisions of this section 

shall apply. 

(3) The Gram Panchayat shall, at least seven days before the date of 

holding the meetings referred to in sub-section (2), give public notice of such 

meetings by beat of drums as widely as possible, announcing the agenda, place, 

date and hour of the meeting. A notice of such meeting shall also be hung up in 

the office of the Gram Panchayat. 

(4) Every meeting of the Gram Sabha shall be presided over by the 

Pradhan and, in his absence, by the Upa-Pradhan and in the absence of both, 

the member or one of the members, as the case may be, elected from the 

29

constituency comprising the Gram Sabha or, in the absence of such member or 

members, any other member of the Gram Panchayat shall preside over the 

meeting: 

Provided that when two members are elected from the constituency, the 

member senior in age shall have priority in presiding over the meeting: 

Provided further that every member elected from the constituency shall attend 

each meeting of the Gram Sansad. 

3 (4A) One-tenth of the total number of members shall form a quorum for a 

meeting of a Gram Sansad'. 

4 Provided that if there is no quorum available in such meeting, the meeting shall 

be adjourned to be held at the same place and hour on the seventh day after the 

date of such meeting in the manner as may be prescribed. 

(5) The attendance of the members of the Gram Sabha in the annual and 

the half-yearly meeting and the proceedings of such meetings shall be recorded 

by such officer or employee of the Gram Panchayat, or, in the absence of the 

officers and employees of the Gram Panchayat, by such member of the Gram 

Panchayat as may be authorised by the presiding member in this behalf. Such 

proceedings shall be read out before the meeting is concluded and the presiding 

member shall then sign it. 

(6) 

1 A Gram Sansad shall guide and advise the Gram Panchayat in 

regard to the schemes for economic development and social justice undertaken 

or proposed to be undertaken in its area and may, without prejudice to the 

generality of such guidance and advice,— 

(a) identify, or lay down principles for identification of, the schemes which 

are required to be taken on priority basis for economic development of the 

village, 

(b) identify, or lay down principles for identification of, the beneficiaries 

for various poverty alleviation programmes, 

(c) 

2 constitute a Gram Unnayan Samiti with such number of functional 

committees as may be required, in such manner as may be prescribed, 

having jurisdiction over the area of the Gram Sansad for ensuring active 

30

participation of the people in implementation, maintenance and equitable 

distribution of benefits with respect to such subjects, as may be 

prescribed: 

Provided that the Gram Unnayan Samiti shall be accountable for its 

functions and decisions, to the Gram Sansad and the Gram Sansad shall 

exercise its power and authority in this behalf in such manner, as may be 

prescribed; 

(d) mobilise mass participation for community welfare programmes and 

programmes for adult education, family welfare and child welfare, 

(e) promote solidarity and harmony among all sections of the people 

irrespective of religion, faith, caste, creed or race, 

(f) record its objection to any action of the Pradhan or any other member 

of the Gram Panchayat for failure to implement any development scheme 

properly or without active participation of the people of that area. 

3 16B. (1) Every Gram shall have a Gram Sabha consisting of persons registered 

in the electoral roll pertaining to the area of the Gram. 

(2) Every Gram Panchayat shall hold within the local limits of the Gram an 

annual meeting, ordinarily in the month of December every year, of the Gram 

Sabha after completion of the half-yearly meeting of the Gram Sansads. 

(3) One-twentieth of the total number of members shall form a quorum for 

a meeting of a Gram Sabha: 

Provided that no quorum shall be necessary for an adjourned meeting which 

shall be held at the same time and place after seven days. 

(4) The Gram Panchayat shall, at least seven days before the date of 

holding the meeting referred to in sub-section (2), give public notice of such 

meetings by beat of drums as widely as possible, announcing the agenda, place, 

date and hour of the meeting. A notice of such meeting shall also be hung up in 

the office of the Gram Panchayat. Similar publicity shall also be given in the case 

of an adjourned meeting. 

(5) A meeting of the Gram Sabha shall be presided over by the Pradhan 

of the concerned Gram Panchayat or, in his absence, by the Upa-Pradhan. 

Public Meeting 

of Gram Sabha. 

31

(6) All questions coming before a Gram Sabha shall be discussed and 

points raised there shall be referred to the Gram Panchayat for its consideration. 

(7) The Gram Sabha shall deliberate upon, recommend for, and adopt 

resolution on, any matter referred to in sub-section (6) of section 16A and section 

17A: 

1 Provided that constitution of a Beneficiary Committee by a Gram Sansad under 

clause (c) of sub-section (6) of section 16A, shall not be questioned in any 

meeting of the Gram Sabha. 

(8) The Gram Panchayat shall, on considering and collating the 

resolutions of the Gram Sansads, place before the Gram Sabha the resolutions 

of the Gram Sansads and the views of the Gram Panchayat together with its 

report on the actions taken and proposed to be taken on them for deliberation 

and recommendation by the Gram Sabha. 

(9) The proceedings of the meetings of the Gram Sabha shall be recorded 

by such officer or employee of the Gram Panchayat or, in the absence of officers 

and employees of the Gram Panchayat, by such member of the Gram Panchayat 

as may be authorised by the presiding member in this behalf. Such proceedings 

shall be read out before the meeting is concluded and the presiding member 

shall then sign the proceedings. 

List of business 

to be transacted 

at a meeting. 

17. A list of the business to be transacted at every meeting of a Gram Panchayat 

except at an adjourned meeting shall be sent to each member of the Gram 

Panchayat in the manner prescribed at least seven days before the time fixed for 

such meeting and no business shall be brought before or transacted at any 

meeting, other than the business of which notice has been so given, except with 

the approval of the majority of the members present at such meeting: 

Provided that if the Pradhan thinks that a situation has arisen for which an 

emergent meeting of the Gram Panchayat should be called, he may call such 

meeting after giving three days' notice to the members: 

Provided further that not more than one matter shall be included in the list 

of business to be transacted at such meeting. 

32

1 Transaction of business at Gram Sansad meeting. 

2 17A. (1) The Gram Panchayat shall place for 3 [deliberation, recommendation 

and suggestion]— 

(a) in the annual 4 [meeting of the 5 (Gram Sansad)}— 

(i) 6 [the supplementary budget of the Gram Panchayat for the 

preceding year,] and 

(ii) the report prepared under section 18 7 * * * *; 

8 (b) in the half-yearly meeting of the Gram Sansad— 

(i) the budget of the Gram Panchayat for the following year, and 

(ii) the latest report on the audit of the accounts of the Gram 


(2) Such other business relating to the affairs of the Gram Panchayat may also 

be transacted at such annual or half-yearly 9 [meeting of the 10 (Gram Sansad)] as 

may be agreed upon by the persons present at such meeting. 

(3) Every resolution adopted in a meeting of a 2 [Gram Sansad] shall e duly 

considered by the Gram Panchayat in its meeting and the decisions and actions 

taken by the Gram Panchayat shall form part of the report under section 18 for 

the following year. 

(4) Any omission to act under Clause (a) or clause (b) of subsection (/) or under 

sub-section (3), shall be deemed to be an act of inpropriety and irregularity within 

the scope and meaning of clause (b) of sub-section (2) of section 190. 

(5) Any omission to act under section 16A or section 16B or under clause (a) or 

clause (6) of sub-section (7), or sub-section (3), of this section shall be deemed 

to be a willful omission or refusal to carry out the provisions of this Act within the 

scope and meaning of section 213 or incompetence to perform, or persistent 

default in the performance of, the duties under this Act within the scope and 

meaning of section 214, as the case may be. 

18. (1) The Gram Panchayat shall prepare in the prescribed manner a report on 

the work done during the previous year and the work proposed to be done during 

Report on the 

work of Gram 


33

Obligatory 

duties of Gram 


the following year and submit it to the prescribed authority and to the Panchayat 

Samiti concerned within the prescribed time. 

(2) The Gram Panchayat shall, in October and April every year, prepare a halfyearly 

report showing the amount received by the Gram Panchayat during the 

previous half-year from different sources including the opening balance and the 

amount actually spent on different items of work and a list of beneficiaries. 

(3) The Gram Panchayat shall, immediately after the preparation of the report 

and the list referred to in sub-section (2), publish the same in the office of the 

Gram Panchayat for information of the general public. 

(4) The Gram Panchayat shall, as soon as may be after the preparation of the 

report under sub-section (1) and the report and the list under subsection (2), 

place the same in the meetings of the Gram Sansads and the Gram Sabha for 

discussion and adoption with modifications, if any, and shall furnish copies of the 

report under sub-section (7) as so modified to the prescribed authority referred to 

in sub-section (7) and the Panchayat Samiti ordinarily by the middle of January 

every year. 

Chapter III 

Power and duties of Gram Panchayat. 

19. (1) A Gram Panchayat shall function as a unit of self-government and, in 

order to achieve economic development and secure social justice for all, shall, 

subject to such conditions as may be prescribed or such directions as may be 

given by the State Government,— 

(a) prepare a development plan for the five-year term of the office of the 

members and revise and update it as and when necessary with regard to 

the resources available; 

(b) prepare an annual plan for each year by the month of October of the 

preceding year for development of human resources, infra-structure and 

civic amenities in the area; 

(c) implement schemes for economic development and social justice as 

may be drawn up by, or entrusted upon it. 

34

(2) 

2 [Without prejudice to the generality of the provisions of subsection (/) and 

subject to such conditions as may be prescribed or such directions as may be 

given by the State Government,] the duties of a Gram Panchayat shall be to 

provide within the area under its jurisdiction for— 

(a) sanitation, conservancy and drainage and the prevention of public 

nuisances; 

(b) curative and preventive measures in respect of malaria, small pox, 

cholera or any other epidemic; 

(c) supply of drinking water and the cleansing and disinfecting the 

sources of supply and storage of water; 

(d) the maintenance, repair and construction of public streets and 

protection thereof; 

(e) the removal of encroachments of public streets or public places; 

(f) the protection and repair of buildings or other property vested in it; 

(g) the management and care of public tanks, subject to the provisions of 

the Bengal Tanks Improvement Act, 1939, common grazing grounds, 

burning ghats and public graveyards; 

(h) the supply of any local information which the District Magistrate, the 

Zilla Parishad'[, the Mahakuma Parishad, the Council] or the Panchayat 

Samiti within the local limits of whose jurisdiction the-Gram Panchayat is 

situated may require; 

(i) organising voluntary labour for community works and works for the 

upliftment of its area; 

(j) the control and administration of the Gram Panchayat Fund 

established under this Act; 

(k) the imposition, assessment and collection of the taxes, rates or fees 

leviable under this Act; 

(l) the maintenance and 2 [control of Dafadars, Chowkidars and Gram 

Panchayat Karmees] within its jurisdiction and securing due 3 [performance 

by the Dafadars, Chowkidars and Gram Panchayat Karmees] of the duties 

imposed on them under this Act; 

35

(m) the constitution and administration of the Nyaya Panchayat 

established under this Act; and 

(n) the performance of such functions as may be transferred to it under 

section 31 of the Cattle-trespass Act, 1871. 

4 (3) A Gram Panchayat shall not omit or refuse to act upon any 

Other duties 

of Gram 


recommendations of a Gram Sansad relating to prioritization of any list of 

beneficiaries or scheme or programme so far as it relates to the area of the Gram 

Sansad unless it decides in a meeting for reasons to be recorded in writing that 

such recommendation or recommendations are not acceptable or implementable 

under the provisions of the Act or any rule, order or direction thereunder; such 

decision of the Gram Panchayat shall be placed in the next meeting of the Gram 

Sansad. 

(Part II. - Gram Panchayat-Chapter III – Power and duties of Gram Panchayat Section- 

20) 

20. (1) A Gram Panchayat shall also perform such other functions as the State 

Government may assign to it in respect of— 

(a) primary, social, technical'[, vocational, adult or non-formal education;] 

(b) rural dispensaries, health centres and maternity and child welfare 

centres; 

(c) management of any public ferry under the Bengal Ferries Act, 1885; 

(d) irrigation 

2 [including minor irrigation, water management and 

watershed development]; 

(e) agriculture including agricultural extension and fuel and fodder; 

(f) care of the infirm and the destitute; 

(g) rehabilitation of displaced persons; 

(h) improved breeding of cattle, medical treatment of cattle and 

prevention of cattle disease; 

(i) its acting as a channel through which Government assistance should 

reach the villages; 

(j) bringing waste land under cultivation 4 [through land improvement and 

soil conservation]; 

36

(k) promotion of village plantations 5 [, social forestry and farm forestry]; 

(l) arranging for cultivation of land lying fallow; 

(m) arranging for co-operative management of land and other resources of 

the village; 

(n) assisting in the implementation of land reform measure in its area; 

(o) implementation of such schemes as may be formulated or 

performance of such acts as may be entrusted to the Gram Panchayat by 

the State Government; 

(p) field publicity on matters connected with development works and other 

welfare measures undertaken by the State Government; 

(q) minor forest produce; 

(r) rural housing programme; 

(s) rural electrification including distribution of electricity; 

(t) non-conventional energy sources; and 

(u) women and child development. 

(2) If the State Government is of opinion that a Gram Panchayat has persistently 

made default in the performance of any of the functions assigned to it under subsection 

(7), the State Government may, after recording its reasons, withdraw 

such function from such Gram Panchayat. 

21. Subject to such conditions as may be prescribed, a Gram Panchayat may, 

and shall if the State Government so directs, make provision for— 

(a) the maintenance of lighting of public streets; 

(b) planting and maintaining trees on the sides of public streets or in other 

public places vested in it; 

(c) the sinking of wells and excavation of ponds and tanks; 

(d) the introduction and promotion of co-operative fanning, co-operative 

stores, and other co-operative enterprises, trades and callings; 

(e) the construction and regulation of markets, the holding and regulation 

of fairs, melas and hats and exhibitions of local produce and products of 

local handicrafts and home industries; 

Discretionary 



37

(f) the allotment of places for storing manure; 

(g) assisting and advising agriculturists in the matter of obtaining State 

loan and its distribution and repayment; 

(h) filling up of insanitary depressions and reclaiming of unhealthy 

localities; 

(i) the promotion and encouragement of cottage 2 [, Khadi, village and 

small-scale including food processing] industries; 

3 (i1) promotion of dairying and poultry; 

3 (i2) promotion of fishery; 

(i3) poverty alleviation programme; 

(j) the destruction of rabbit or ownerless dogs; 

(k) regulating the production and disposal of foodstuffs and other 

commodities in the manner prescribed; 

(l) the construction and maintenance of surais, dharmasalas, rest 

houses, cattle sheds and cart stands; 

(m) the disposal of unclaimed cattle; 

(n) the disposal of unclaimed cropses and carcasses; 

(o) the establishment and maintenance of libraries and reading rooms; 

(p) the organisation and maintenance of akharas, clubs and other places 

for recreation or games; (p1) cultural activities including sports and 

games; (p2) social welfare including welfare of the handicapped and 

mentally retarded: (p3) welfare of socially and educationally backward 

classes of citizens and, in particular, of the Scheduled Castes and the 

Scheduled Tribes; (p4) public distribution system; (p5) maintenance of 

community assets; 

(q) the maintenance of records relating to population census, crop 

census, cattle census and census of unemployed persons and of other 

statistics as may be prescribed; 

(r) the performance in the manner prescribed of any of the functions of 

2 [the Zilla Parishad or the Mahakuma Parishad or the Council, as the case 

38

may be,] with its previous approval, calculated to benefit the people living 

within the jurisdiction of the Gram Panchayat; 

(s) rendering assistance in extinguishing fire and protecting life and 

property when fire occurs; 

(t) assisting in the prevention of burglary and dacoity; and 

(u) any other local work or service of public utility which is likely to 

promote the health, comfort, convenience or material prosperity of the 

public, not otherwise provided for in this Act. 

22. Where the State Government assigns any function to a Gram Panchayat 

under section 20 or where it directs a Gram Panchayat to make provision for any 

of the items enumerated in section 21, it shall place such funds at the disposal of 

the Gram Panchayat as may be required for the due performance of such 

function or for making such provision, as the case may be. 

State Government 

to place funds 

necessary for the 

performance of 

functions and 

duties under 

Section 20 or 21 

at the disposal of 


23. (1) No person shall ‘‘[erect any new structure or new building or make any 

addition to any structure or building] in any area within the jurisdiction of a Gram 

Panchayat except with the previous permission in writing of the Gram Panchayat: 

2 Provided that such erection of new structure or new building or such addition to 

Control of 

building 

operations. 

any structure or building or such permission of the Gram Panchayat shall be 

subject to such rules as may be made by the State Government in this behalf: 

2 Provided further that a Grain Panchayat shall not accord permission for erection 

of a new structure or construction of a new building, if the proposal for such 

erection or construction, as the case may be,— 

(a) has any provision for erection or construction of any dry latrine, by whatever 

name called, and 

(b) does not have any provision for erection or construction of a sanitary latrine 

of any description. 

(2) Every person seeking permission under sub-section (1) shall make an 

application in writing to such authority, in such form, containing such particulars 

and on payment of such fee 3 * * * * as may be prescribed: 

39

4 Provided that no permission under sub-section (1) shall be necessary for 

erection of any new thatched structure, tin shed or tile shed without brick wall 

covering an area not exceeding [eighteen square meters where such structure or 

shed does not cover more than three-fourths of the total area of the land 

(including appurtenant land) and there is a setback of not less than nine-tenth 

meter on the road-side:] 

4 Providcd further that the Stale Government may, by order, exempt any structure 

or building or any class of structures or buildings from the operation of the 

provisions of sub-section (1) and of this sub-section. 

(3) On receipt of such application the authority, after making such enquiry 

as it considers necessary and [in accordance with such rules as may be made by 

the Stale Government in this behalf,] shall, by order in writing, either grant the 

permission or refuse it, recording in the case of refusal the reasons therefor. 

(4) Any person aggrieved by an order of the authority under subsection 

(3) refusing permission may, within ninety days from the date of communication 

of such order to him, prefer an appeal to such appellate authority as may be 

prescribed. 

(5) No appeal shall lie against the order of the appellate authority referred 

to in sub-section (4). 

(6) Where 1 [any new structure or new building or any addition to any 

structure or building is being or has been erected or made, as the case may be,] 

in contravention of the provisions of sub-section (1), the authority may, after 

giving the owner of such building an opportunity of being heard, make an order 

directing the demolition of the building by the owner within such period as may be 

specified in the order and in default the authority may itself effect the demolition 

and recover the cost thereof from the owner as a public demand. 

(7) Any person who 2 [contravenes] the provisions of sub-section (1) shall 

be liable on conviction by a Magistrate to a fine which may extend to two hundred 

and fifty rupees. 

40

24. (1) For the improvement of sanitation, a Gram Panchayat shall have the 

power to do all acts necessary for an incidental to the same and in particular and 

without prejudice to the generality of the foregoing power, a Gram Panchayat 

may, by order, require the owner or occupier of any land or building, within such 

reasonable period as may be specified in the notice served upon him and after 

taking into consideration his financial position— 

(a) to close, remove, alter, repair, cleanse, disinfect, or put in good order 

any latrine, urinal, water-closet, drain, cesspool, or other receptacle for 

filth, sullage, rubbish or refuse pertaining to such land or building, or to 

remove or alter any door or trap or construct any drain for any such latrine, 

urinal or water-closet which opens on to a street or drain or to shut off 

such latrine, urinal or water-closet by a sufficient roof or wall or 1'ence 

from the view of persons passing by or dwelling in the neighbourhood; 

(b) to cleanse, repair, cover, fill up, drain off or remove water from, a 

private well, tank, reservoir, pool, pit, depression or excavation therein 

which may be injurious to health or offensive to the neighbourhood; 

(c) to clear off any vegetation, undergrowth, prickly pear or scrub jungle 

therefrom; 

(d) to remove any dirt, dung, night-soil, manure or any obnoxious or 

offensive matter therefrom and to cleanse the land or building: 

Provided that a person on whom a notice has been served as aforesaid 

may, within thirty days of receipt of such notice, appeal to the prescribed 

authority against the order contained therein whereupon the prescribed 

authority may stay the operation of the order contained in the notice till the 

disposal of the appeal and it may, after giving such notice of the appeal to 

the Gram Panchayat concerned as may be prescribed, modify, set aside 

or confirm the order: 

Provided further that the prescribed authority shall, when it confirms or 

modifies the order contained in the notice after the expiry of the period 

mentioned therein, fix a fresh period within which the order contained in 

the notice, as confirmed or modified by it, shall be carried out. 

Impovement of 

sanitation. 

41

(2) If the order contained in a notice served as aforesaid, has not been set aside 

by the prescribed authority and if the person upon whom the notice has been 

served fails, without sufficient reason, to comply with the order in its original form 

or the order as modified by the prescribed authority, within the time specified in 

the notice or within the time fixed by the prescribed authority, as the case may 

be, he shall be liable, on conviction by a magistrate, to a fine which may extend 

to two hundred and fifty rupees. 

Power of Gram 

Panchayat over 

public streets, 

water-ways and 

other matters. 

25. (1) A Gram Panchayat shall have control over all public streets and 

waterways within its jurisdiction other than canals as defined in section 3 of the 

Bengal Irrigation Act, 1876, not being private property and not being under the 

control of the Central or Slate Government or any local authority and may do all 

things necessary for the maintenance and repair thereof, and may,— 

(a) construct new bridges and culverts; 

(b) divert or close any such public street, bridge or culvert; 

(c) widen, open, enlarge or otherwise improve any such public street, 

bridge or culvert and with minimum damage to the neighbouring fields, 

plant and preserve trees on the sides of such street; 

(d) deepen or otherwise improve such waterways; 

(e) with the sanction of the Zilla Parishad [or the Mahakuma Parishad or 

the Council, as the case may be,] and where there is a canal as defined in 

the Bengal Irrigation Act, 1876, with the sanction also of such officer as 

the State Government may prescribe, undertake irrigation projects. 

(f) trim hedges and branches of trees projecting on public streets; and 

(g) set apart by public notice any public source of water supply for 

drinking or culinary purposes and likewise prohibit all bathing, washing or 

other acts likely to pollute the source so set apart. 

(2) A Gram Panchayat may, by a notice in writing, require any person who has 

caused obstruction or encroachment on or damage to any public street or drain 

or other property under the control and management of the said Gram 

42

Panchayat, to remove such obstruction or encroachment or repair such damage, 

as the case may be, within the time to be specified in the notice. 

(3) If the obstruction of encroachment is not removed or damage is not repaired 

within the time so specified the Gram Panchayat may cause such obstruction or 

encroachment to be removed or such damage to be repaired and the expenses 

of such removal or repair shall be recoverable from such person as a public 

demand. 

(4) For the purpose of removal of obstruction or encroachment under subsection 

(J), the Gram Panchayat may apply to the Sub-divisional Magistrate and 

the Sub-divisional Magistrate shall, on such application, provide such help as 

may be necessary for the removal of such obstruction or encroachment 

26. (1) A Gram Panchayat may, by written notice, require the owner of, or the 

person having control over, a private water-course, spring, tank, well, or other 

place, the water of which is used for drinking or culinary purpose, after taking into 

consideration his financial position, to take all or any of the following steps within 

a reasonable period to be specified in such notice, namely— 

(a) to keep and maintain the same in good repair; 

(b) to clean the same, from time to lime of silt, refuse or decaying 

vegetation; 

(c) to protect it from pollution; and 

(d) to prevent its use, if it has become so polluted as to be prejudicial to 

public health: 

Provided that a person upon whom a notice as aforesaid has been 

served may, within thirty clays from the date of receipt of the notice, 

appeal to the prescribed authority against the order contained in the 

notice' whereupon the prescribed authority may stay the operation of the 

order contained in the notice till the disposal of the appeal and it may, after 

giving such notice of the appeal to the Gram Panchayat concerned as 

may be prescribed, modify, set aside or confirm the order: 

Power of 

Gram 

Panchayat in 

respect of 

polluted watersupply. 

43

Provided further that the prescribed authority shall, when it confirms 

or modifies the order contained in the notice after the expiry of the period 

mentioned therein, fix a fresh period within which the order contained in 

the notice, as confirmed or modified by it, shall be carried out. 

(2) If the order contained in a notice served as aforesaid has not been set aside 

by the prescribed authority and if the person upon whom the notice has been 

served fails, without sufficient reason, to comply with the order in its original form 

or the order as modified by the prescribed authority, within the time specified in 

the notice or within the time fixed by the prescribed authority, as the case may 

be, he shall be liable, on conviction by a magistrate, to a fine which may extend 

lo two hundred and fifty rupees. 

Power of Gram 

Panchayat to 

prevent growth 

of waterhyacinth 

or 

other weed 

which may 

pollute water. 

27. (1) Notwithstanding anything contained in the Bengal Water Hyacinth Act, 

1936, a Gram Panchayat may, by written notice, require the owner or occupier of 

any land or premises, containing a tank or pond or similar deposit of water after 

taking into consideration his financial position, not to allow water-hyacinth or any 

other weed which may pollute water to grow thereon and to eradicate the same 

therefrom within such reasonable period as may be specified in the notice: 

Provided that a person on whom a notice as aforesaid has been served may, 

within thirty days from the date of receipt of the notice, appeal to the prescribed 

authority against the order contained in the notice whereupon the prescribed 

authority may stay the operation of the order contained in the notice till the 

disposal of the appeal and it may, after giving such notice of the appeal to the 

Gram Panchayat concerned as may be prescribed, modify, set aside or confirm 

the order: 

Provided further that the prescribed authority shall, when it confirms or modifies 

the order contained in the notice after the expiry of the period mentioned therein, 

fix a fresh period within which the order contained in the notice, as confirmed or 

modified by it, shall be carried out, 

(2) If the order contained in a notice served as aforesaid has not been set aside 

by the prescribed authority and if the owner or occupier upon whom the notice 

44

has been served fails, without sufficient reason, to comply with the order in its 

original form or the order as modified by the prescribed authority, within the time 

specified in the notice or within the time fixed by the prescribed authority, as the 

case may be, he shall be liable, on conviction by a magistrate, to a fine which 

may extend to two hundred and fifty rupees. 

Emergent 

power on 

outbreak of 

epidemic. 

28. In the event of an outbreak of cholera or any other water-borne infectious 

disease in any locality situated within the local limits of the jurisdiction of a Gram 

Panchayat, the Pradhan, the Upa-Pradhan or any other person authorised by the 

Pradhan may, during the continuance of the outbreak, without notice and at any 

time, inspect and disinfect any well, tank or other place from which water is, or is 

likely to be, taken for the purpose of drinking and may further take such steps as 

he deems fit to prevent the drawing of water therefrom. 

Power of 

recovery of cost 

for work carried 

out by Gram 

Panchayat on 

failure of any 

person. 

29. If any work required to be done by an order contained in a notice served 

under sections 24, 26 or 27 is not executed within (he period specified in the 

notice or where an appeal is made to the prescribed authority, within an equal 

period from the date of the decision on the appeal, the Gram Panchayat may, in 

the absence of satisfactory grounds for non-compliance cause such work to be 

carried out and the cost of carrying out such work shall be recoverable as an 

arrear of public demand from the person on whom the notice was served. 

Joint 

Committees. 

30. (1) Subject to such rules as may be prescribed, two or more Gram 

Panchayats may combine, by a written instrument duly subscribed \ by them, to 

appoint a Joint Committee consisting of such representatives as may be chosen 

by the respective Gram Panchayat. for the purpose of transacting any business 

or carrying out any work in which they are jointly interested and may— 

(a) delegate to such Committee the power, with such conditions as the 

Gram Panchayats may think fit to impose, to frame any scheme binding 

on each of the constituent Gram Panchayats as to the construction and 

45

maintenance of any joint work and the power, which may be exercised by 

any such Panchayat in relation to such scheme; and 

(b) frame or modify rules regarding the constitution of such committees 

and the term of office of the members thereof and the method of 

conducting business. 

(2) If any difference of opinion arises between the constituent Grain Panchayats 

under this section, it shall be referred to such officer as the State Government 

may prescribe, and the decision of the said officer thereon shall be final and 

binding on each of the constituent Gram Panchayats. 

31. (1) A Zilla Paris had' [or the Mahakuma Parishad or the Council] may, with 

the concurrence of a Gram Panchayat and subject to such restriction and 

conditions as may be mutually agreed upon, delegate to such Gram Panchayat 

any of its functions in the manner prescribed. 

(2) Where functions are delegated lo a Gram Panchayat, under this section, the 

Cram Panchayat, in the discharge of such functions, shall act as the agent of 

2 [the Zilla Parishad or the Mahakuma Parishad or the Council, as the case may 

Deligations of 

functions by 

Zilla Parishad. 

be.] 

32. A Gram Panchayat may, at a meeting specially convened for the purpose, by 

a resolution delegate to its Pradhan such duties or powers of the Gram 

Panchayat as it thinks fit and may at any time by a resolution, withdraw or modify 

the same: 

Provided that when any financial power is delegated to a Pradhan or such power 

is withdrawn or modified, the Gram Panchayat shall forthwith give intimation 

thereof to the prescribed authority. 

Deligations of 

functions of 

Gram 

Panchayat to its 

Pradhan. 

32A. (1) Subject to such direction as may be issued by the State Government in 

this behalf, a Gram Panchayat shall as soon as may be within three months 

following the first meeting referred to in section 9, constitute Upa-Samitis as 

Constitution of Upa 

Samities and 

delegation of 

powers, functions 

and duties of Gram 

Panchayats to Upa 

Samities. 

46

eferred to in sub-section (2) and delegate its powers, functions and duties to 

such Upa-Samitis, in such manner as may be prescribed. 

(2) Without prejudice to the generality of any other provisions of this Act, a Gram 

Panchayat shall constitute in such manner as may be prescribed the following 

Upa-Samitis:— 

i. Artha O Parikalpana Upa-Samiti, 

ii. Krishi O Pranisampad Bikas Upa-Samiti, 

iii. Siksha O Janasasthya Upa-Samiti, 

iv. Nari, Sishu Unnayan 0 Saniaj Kalyan Upa-Samiti, 

v. Shilpa 0 Parikathama Upa-Samiti, and 

vi. such other Upa-Samiti as the Gram Panchayat may, subject to 

the approval of the State Government, constitute. 

(3) The Upa-Samitis referred to in sub-section (2) shall consist of the following 

members:— 

(a) the Pradhan and the Upa-Pradhan, ex-officio; 

(b) such number of members as may be prescribed, to be elected by the 

members from among themselves; and 

(c) such number of members as may be appointed by the State 

Government by any general or special order:— 

(i) from among the officials of the Panchayat bodies having 

jurisdiction, the State Government or any Statutory Board, 

Corporation or Organisation or any individual official receiving 

grant, financial assistance or remuneration from the State 

Exchequer, and 

(ii) any person having any specialised knowledge about the 

locality or any area of activity; 

(d) the Artha O Parikalpana Upa-Samiti shall have the Sanchalaks 

elected in the manner as mentioned in subsection (4), as members of the 

Upa-Samiti and shall have no other member referred to in clause (b) of 

subsection (3); 

47

(e) the Nari, Sishu Unnayan O Samaj Kalyan Upa-Samiti shall have not 

less than half of the members referred to in clause (b), elected from 

among the women members of the Gram Panchayat, in the manner as 

may be prescribed. 

(4) Members of each Upa-Samiti shall elect one member from among 

themselves in such manner as may be prescribed to act as Sanchalak for such 

Upa-Samiti and such Sanchalak shall be responsible for convening the meetings 

of such Upa-Samiti, co-ordinate function of members within such Upa-Samiti and 

prepare and place report of actions taken or proposed to be taken relating to 

such Upa-Samiti within the budgetary provision of the Gram Panchayat to the 

Pradhan and the Gram Panchayat from time to time: 

Provided that the Pradhan of the Gram Panchayat shall be the ex-officio 

Sanchalak of the Artha O Parikalpana Upa-Samiti: 

Provided further that the Sanchalak for Nari, Sishu Unnyan O Samaj Kalyan Upa- 

Samiti shall be elected from among the women members of the Upa-Samiti: 

Provided also that (he members referred lo in clause (c) of subsection (3) shall 

not be eligible for election as Sanchalak and they shall not have any right to vote. 

(5) The Upa-Samitis shall devise its own procedure for holding the meetings and 

for performing other functions subject to the direction of the State Government 

and the Gram Panchayat. 

(6) The members of the Upa~Samitis may,— 

(a) take, subject lo the direction of the Pradhan, the assistance of the 

employees of the Gram Panchayat, 

(b) seek advice and help of the employees of the State Government of 

any Department at the appropriate level in discharge of their duties, 

(c) place before the Pradhan and the Gram Panchayat a proposal for 

execution of a scheme, programme or project within the budgetary 

provisions of the Gram Panchayat for such purpose when the Pradhan or 

the Gram Panchayat shall consider the proposal for execution and for 

sanction of funds: 

48

Provided that the Pradhan shall not sanction any fund for a scheme, 

programme or project without considering the views of the members of the 

Upa-Samiti to whom powers have been delegated by the Gram Panchayat 

with respect to such scheme, programme or project, 

(d) call for any information, return, statement, account or report from the 

office of the Gram Panchayat and enter on and inspect any immovable 

property of the Gram Panchayat or inspect any work in progress 

connected with the functions and duties of the Upa-Samiti. 

(e) exercise such other powers, perform such other functions and 

discharge such other duties, as the Gram Panchayat may, by general or 

special resolution, direct or as the State Government may, by rules made 

in this behalf, prescribe. 

(7) Each Upa-Samiti shall hold at least six meetings in a year in the office of the 


Gram 

Panchayat may 

manage estates 

and interests 

vested in the 

State. 

33. The State Government may, by general or special order published in the 

Official Gazette, empower a Gram Panchayat to manage the estates and all 

interests therein which are vested in the State and to exercise such powers, 

perform such functions and discharge such duties in connection therewith as 

may be conferred, assigned or imposed by or under any other law for the time 

being in force. 

Powers, 

functions and 


Panchayat of 

Pradhan and 

Upa-Pradhan. 

34. (1) The Pradhan shall— 

(a) be responsible for the maintenance of the records of the Gram 

Panchayat; 

(b) have general responsibility for the financial and executive 

administration of the Gram Panchayat; 

(c) exercise administrative supervision and control over the work of the 

staff of the Gram Panchayat and the officers and employees whose 

services may be placed at the disposal of the Gram Panchayat by the 

State Government; 

49

(d) for the transaction of business connected with this Act or for the 

purpose of making any order authorised thereby, exercise such powers, 

perform such functions and discharge such duties as may be exercised, 

performed or discharged by the Gram Panchayat under this Act or the 

rules made thereunder: 

Provided that the Pradhan shall not exercise such powers, perform such 

functions or discharge such duties as may be required by the rules made 

under this Act to be exercised, performed or discharged by the Gram 

Panchayat at a meeting; 

(e) exercise such other powers, perform such other functions and 

discharge such other duties as the Gram Panchayat may, by general or 

special resolution, direct or as the State Government may by rules made 


(2) The Upa-Pradhan shall— 

(a) exercise such of the powers, perform such of the functions and 

discharge such of the duties of the Pradhan as the Pradhan may from time 

to time, subject to rules made in this behalf by the State Government, 

delegate to him by order in writing: Provided that the Pradhan may at any 

time withdraw all or any of the powers, functions and duties so delegated 

to the Upa-Pradhan; 

(b) during the absence of the Pradhan, exercise all the powers, perform 

all the functions and discharge all the duties of the Pradhan; 

(c) exercise such other powers, perform such oilier functions and 

discharge such other duties as the Gram Panchayat may, by general or 

special resolution, direct or as the State Government may, by rules made 


Chapter IV 

Establishment of Gram Panchayat 

35. (1) There shall be a Secretary for every Gram Panchayat appointed by the 

Slate Government or any authority empowered by the State Government in this 

behalf. 

Secretary of 

the Gram 


50

(2) The Secretary shall be responsible for maintenance and upkeep of the 

records of the office of the Gram Panchayat and shall discharge such duties us 


(3) The State Government shall make rules relating to the method of recruitment 

and the terms and conditions of service including the pay and allowances, 

superannuation, provident fund and gratuity, of the Secretary. 

(4) Subject to rules framed by the Slate Government regarding discipline and 

control, the Secretary shall act in all matters under the control of the Pradhan 

through whom he shall be responsible to the Gram Panchayat. 

Staff of the 

Gram 


36. (1) Subject to such rules as may be made by the State Government in this 

behalf, a Gram Panchayat may appoint such officers and employees as may be 

required by it and may fix the salaries and allowances to be paid to the persons 

so appointed: 

Provided that no post shall be created or abolished and no revision of the scale 

of pay of any post shall be made by the Gram Panchayat without the prior 

approval of the State Government or such authority subordinate to it as may be 

prescribed. 

(2) The State Government may place at the disposal of the Gram Panchayat the 

services of such officers or other employees serving under it '[and on such terms 

and conditions] as it may think fit: 

Provided that any such officer or employee shall be recalled by the State 

Government if a resolution to that effect is passed by the Gram Panchayat at a 

meeting specially convened for the purpose, by a majority of the total number of 

members holding office for the time being: 

Provided further that the State Government shall have disciplinary control over 

such officers and employees. 

(3) The State Government shall make rules relating to the method of recruitment 

and the terms and conditions of service including the pay and allowances, 

superannuation, provident fund and gratuity of the employees of the Gram 


51

3 36A. Subject to the provisions of this Act, the rules made thereunder and to any 

general or special directions as the State Government may give in this behalf, the 

officers and other employees employed by the Gram Panchayat and the officers 

and other employees whose services have been placed at the disposal of the 

Gram Panchayat .shall exercise such powers, perform such functions and 

discharge such duties as the Gram Panchayat may determine. 

37. (1) For general watch and ward, prevention of crime, protection of life and 

property 6 [, running of office of the Gram Panchayat] and discharging all 

functions relevant thereto as hereinafter provided within the local limits of the 

jurisdiction of a Gram Panchayat every Gram Panchayat shall, unless otherwise 

directed or other provisions are made by the State Government, maintain under 

its control such number of 7 [Dafadars, Chowkidars and Gram Panchayat 

Karmees] as the State Government may by general or special order determine. 

(2) 

1 [The manner of maintenance of Dafadars, Chowkidars and Gram Panchayat 

Karmees by a Gram Panchayat,] the salary, allowances and gratuity to be paid to 

them and the nature and the cost of their equipment and all matters relating to 

their recruitment, conditions of service, superannuation, discipline, punishment 

and dismissal shall be determined in accordance with such rules as may be 

made: Provided that the Gram Panchayat shall have disciplinary control over 

\Dafadars, Chowkidars and Gram Panchayat Karmees.] 

Dafadars, 

Chowkidars 

and Gram 


Karmees. 

38. The State Government may contribute to the Gram Panchayat Fund the 

entire or any part of the cost of maintenance of 3 [Dafadars, Chowkidars and 

Gram Panchayat Karmees] including the amount necessary for the payment of 

salary, allowances, provident fund and gratuity to 4 [Dafadars, Chowkidars and 

Gram Panchayat Karmees] and the amount necessary for their reward and 

equipment. 

39. (1) 

5 [Every Chowkidar or Gram Panchayat Karmee] shall exercise the 

following powers and perform the following duties, namely:— 

State 

Government 

may 

contribute 

cost of 

maintenance. 

Power and 

duties of 

Chowkidars,Da 

fadars and 

Gram 


Karmees. 

52

i. he shall give immediate information to the officer-in-charge of the policestation 

having jurisdiction over the area and to the Pradhan of the Gram 

Panchayat, of every unnatural, suspicious or sudden death which may occur, and 

of any offence specified in the First Schedule which may be committed within the 

jurisdiction of the Gram Panchayat and he shall keep the officer-in-charge of the 

said police-station and the Pradhan informed of all disputes which are likely to 

lead to a riot or serious affray; 

ii. he may, without an order from a Magistrate and without a warrant, 

arrest— 

(a) any person who has been concerned in any cognizable offence 

or against whom a reasonable complaint has been made, or 

credible information has been received, or reasonable suspicion 

exists of his having been so concerned, 

(b) any person having in his possession without lawful excuse, the 

burden of proving which excuse shall lie on such person, any 

implement of house-breaking, 

(c) any person who has been proclaimed as an offender under any 

law for the time being in force, 

(d) any person in whose possession anything is found which may 

reasonably be suspected to be stolen property, or who may 

reasonably be suspected of having committed an offence, with 

reference to such things, 

(e) any person who obstructs a police-officer while in the 

execution of his duty or who has escaped, or attempts to escape, 

from lawful custody, 

(f) any person reasonably suspected of being a deserter from the 

Indian Army, Navy or Air Force, and 

(g) any released convict committing a breach of any rule made 

under sub-section (3) of section 565 of the Code of Criminal 

Procedure, 1898; 

53

(iii) he shall to the best of his ability prevent and he may interpose for the 

purpose of preventing, the commission of any offence specified in the First 

Schedule; 

(iv) he shall assist private persons in making such arrests as they may 

lawfully make, and he shall report such arrests without delay to the officer-incharge 

of the police-station having jurisdiction over the area; 

(v) he shall observe and from time to time report to such officer-in-charge, 

the movements of all bad characters within the jurisdiction of the Gram 

Panchayat; 

(vi) he shall report to such officer-in-charge the arrival of suspicious 

characters in the neighbourhood; 

(vii) he shall report in such manner as may be directed by the District 

Magistrate, the births and deaths which have occurred within the local limits of 

the jurisdiction of the Gram Panchayat; 

(viii) he shall give immediate information to the Pradhan of the Gram 

Panchayat of the outbreak of any epidemic disease among men or livestock 

within the local limits of its jurisdiction; 

(ix) he shall supply any local information which the District or Subdivisional 

Magistrate or any police-officer may require; 

(x) he shall obey the orders of the Grant Panchayat in regard to keeping 

watch within its jurisdiction and in regard to other matters connected with his 

duties; 

(xi) he shall give immediate information to the Gram Panchayat of the 

commission of any offence under this Act or any rule made thereunder which has 

come to his knowledge and of any encroachment on, or obstruction to, any road 

or waterway within the local limits of the jurisdiction of the Gram Panchayat, and 

of any damage to any property vested in the Gram Panchayat or under its 

control; 

(xii) he shall assist any person duly authorised by the Gram Panchayat to 

collect any rate, tax or fee; 

54

(xiii) he shall serve such processes as may be prescribed upon persons 

residing within the jurisdiction of the Gram Panchayat; '* * '* 

(xiv) he shall attend the office of the Gram Panchayat on such dates as 

may be directed by the Pradhan, assist in such manner as may be necessary 

and act as messenger as and when required; and 

(xv) he shall carry out such other duties as may be entrusted to him from 

time to time in accordance with this Act or any rule made thereunder. 

Every Dafadar shall exercise all the powers conferred on a Chowkidar under subsection 

(1) and shall perform such duties as may be imposed upon him by rules 

made under this Act. 

Arrested person 

to be taken to 

police-station. 

Power to 

acquire,hold 

and dispose of 

property. 

40. Whenever [Dafadar, Chowkidar or Gram Panchayat Karmee] arrests any 

person under section 39 he shall forthwith take the person so arrested to the 

police-station having jurisdiction over the area in which the arrest is made: 

Provided that if the arrest is made at night such person shall be so taken, as 

soon as convenient, by the following morning. 

41. A Gram Panchayat shall have power to acquire, hold and dispose of property 

and to enter into contract: 

Provided that in all cases of acquisition or disposal of immovable property the 

Gram Panchayat shall obtain the previous approval of the State Government. 

Vesting of 

public 

properties in 

Gram 


42. (1) All property within the local limits of the jurisdiction of Gram Panchayat of 

the nature hereinafter in this section specified, other than property maintained by 

the Central or the State Government or a local authority or any other Gram 

Panchayat, shall vest in and belong to the Gram Panchayat, and shall, with all 

other property of whatsoever nature or kind which may become vested in the 

Gram Panchayat, be under its direction, management and control, that is to 

say— 

55

(a) all public streets, including the soil, stones and other materials 

thereof and all drains, bridges, culverts, trees, erection materials, 

implements and other things provided for such streets; 

(b) all public channels, water courses, springs, tanks, ghats, reservoirs, 

cisterns, wells, aqueducts, conduits, tunnels, pipes, pumps and other 

waterworks whether made, laid or erected at the cost of the Gram 

Panchayat or otherwise, and all bridges, buildings, engines, works, 

materials and things connected therewith or appertaining thereto and also 

any adjacent land (not being private properly) appertaining to any public 

tank: 

Provided that water pipes and waterworks, connected therewith or 

appertaining thereto which with the consent of the Gram Panchayat are 

laid or set up in any street by the owners of any mill, factory, dockyard, 

workshop or the like primarily for the use of their employees shall not be 

deemed to be public waterworks by reason of their use by the public; 

(c) all public sewers and drains, and all works, materials and things 

appertaining thereto and other conservancy works: 

Provided that for the purpose of enlarging, deepening or otherwise 

repairing or maintaining any such sewer or drain the sub-soil Appertaining 

thereto shall also be deemed to vest in the Gram Panchayat: 

Provided further that where any installation or work for the treatment or 

disposal of sewage is constructed by the owners of any mill, factory, 

dockyard, workshop or the like primarily for the use of their employees, the 

laying of sewers and other things appertaining thereto in a street with the 

consent of the Gram Panchayat, shall not by virtue of this clause or by 

reason of their use by the public cause such installation or sewers or 

works appertaining thereto to vest in the Gram Panchayat; 

(d) all sewage, rubbish and offensive matter deposited on streets or 

collected by the Gram Panchayat from streets, latrines, urinals, sewers, 

cesspools and other places; 

56

(e) all public lamps, lamp-posts and apparatus connected therewith or 

appertaining thereto; and 

(f) all buildings erected by the Gram Panchayat and all lands and 

buildings or other property transferred to the Gram Panchayat by the 

Central or the State Government or acquired by gift, purchase or 

otherwise for local public purposes. 

(2) The State Government may, by notification, exclude any street, bridge or 

drain from the operation of this Act or of any specified section of this Act: 

Provided that, if the cost of the construction of the work shall have been paid 

from the Gram Panchayat Fund, such work shall not be excluded from the 

operation of this Act or any specified section of this Act except after consideration 

of the views of the Gram Panchayat at a meeting. 

Allocation of 

properties in 

Gram 


43. The Slate Government may allocate to a Gram Panchayat any public 

property situated within its local jurisdiction, and thereupon such property shall 

vest in and come under the control of the Gram Panchayat. 

Acquisition of 

land for Gram 


44. Where a Gram Panchayat requires land for carrying out any of the purposes 

of this Act, it may negotiate with the person or persons having interest in the said 

land, and if it fails to reach an agreement, it may make an application to the 

1 [Collector] for the acquisition of the land, who may, if he is satisfied that the land 

is required for a public purpose, take steps to acquire the land and such land 

shall, on acquisition, vest in the Gram Panchayat. 

Gram 


Fund. 

45. (1) For every Gram Panchayat there shall be constituted a Gram Panchayat 

Fund bearing the name of the Gram Panchayat and there shall be placed to the 

credit thereof— 

(a) contributions and grants, if any, made by the Central or the State 

Government; 

57

(b) contributions and grants, if any, made by the Zilla Parishad, 

2 [Mahakuma Parishad, Council,] Panchayat Samiti or any other local 

authority; 

(c) loans, if any, granted by the Central Government or the State 

Government; 

(d) all receipts on account of taxes, rates and fees levied by it; 

(e) all receipts in respect of any schools, hospitals, dispensaries, 

buildings, institutions or works vested in, constructed by or placed under 

the control and management of, the Gram Panchayat; 

(f) all sums received as gift or contribution and all income from any trust 

or endowment made in favour of the Gram Panchayat; 

(g) such fines and penalties imposed and realised under the provisions of 

this Act as may be prescribed; 

(h) all other sums received by or on behalf of the Gram Panchayat. 

3 Explanation.—A Gram Panchayat shall not receive to the credit of its Fund— 

(a) any loan from any individual, severally or jointly or any member or 

office bearer of the Gram Panchayat, or 

(b) any gift or contribution from any individual, severally or jointly, or any 

member or office bearer of the Gram Panchayat Save and except in 

pursuance of a resolution in a meeting of the Gram Panchayat accepting 

such gift or contribution and stating the purpose for which such gift or 

contribution is offered and accepted. 

(2) Every Gram Panchayat shall set apart and apply annually such sum as may 

be required to meet— 

(a) the cost of administration of the Nyaya Panchayat, and 

(b) he cost of maintenance of 1 [Dafadars, Chowkidars, and Gram 

Panchayat Karmees] in terms of section 38, and 

(c) the cost of its own administration including the payment of salary, 

allowances, provident fund and gratuity to the officers and employees and 

10 the Secretary. 

58

(3) Every Gram Panchayat shall have the power to spend such sums as it thinks 

fit for carrying out the purposes of this Act. 

(4) The Gram Panchayat Fund shall be vested in the Gram Panchayat and the 

balance to the credit of the Fund shall be kept in such custody as the State 

Government may, from time to time, direct. 

(5) In accordance with the powers and functions conferred on the Pradhan under 

the Act and the rules made thereunder and subject to such general control as the 

Gram Panchayat may exercise from time to time, all orders for payment from the 

Gram Panchayat Fund shall be signed by the Pradhan, or in his absence, by the 

Upa-Pradhan and in pursuance of such orders of payment, cheque or cheques 

shall be signed jointly by Pradhan, or in his absence, by the Upa-Pradhan and by 

the Executive Assistant of the Gram Panchayat: 

Provided that the Executive Assistant shall be responsible for writing the cheques 

for signature under the direction of the Pradhan subject to the resolution of the 

Gram Panchayat: 

Provided further that if the post of the Executive Assistant in a Gram Panchayat 

falls temporarily vacant by reason of leave, transfer, resignation or otherwise, the 

State Government may, by general or special order made in this behalf, 

empower any employee of the Gram Panchayat to perform, subject to such 

conditions as may be specified in the order, the functions of the Executive 

Assistant under this section. 

Explanation.—In this section,— 

(a) absence of the Pradhan shall be deemed to occur when the office of 

the Pradhan falls vacant or the Pradhan is temporarily unable to act within 

the concept and meaning of sub-section (4) of section 9, 

(b) "Executive Assistant" of a Gram Panchayat means an employee 

appointed as such by a Gram Panchayat under section 36 in terms of 

such rules as the State Government may make in this behalf and shall 

also include any other employee of the Gram Panchayat empowered to 

perform the functions of the Executive Assistant. 

59

46. (1) Subject to such rules as may be made in this behalf, a Gram Panchayat 

shall impose yearly — 

(a) on lands and buildings within the local limits of its jurisdiction, a tax — 

(i) at the rate of 2 [one per centum] of the annual value of such 

lands and buildings when the annual value does not exceed rupees 

one thousand, and 

(ii) at the rate of 3 [two per centum] of the annual value of such 

lands and buildings when the annual value exceeds rupees one 

thousand, 

to be paid by the owners and occupiers thereof; 

4 * * * * * 

Imposition of 

tax by Gram 


(2) The following lands and buildings shall be exempted from imposition of tax 

under sub-section (1), namely: — 

(a) lands and buildings, the annual value of which is not more than 5 [two 

hundred and fifty rupees]; 

(b) lands and buildings belonging to a local authority and used or intended 

to be used exclusively for a public purpose and not used or intended to be 

used for purposes of profits; 

(c) lands and buildings used exclusively for religious, educational or 

charitable purposes. 

(3) The State Government may, by notification, exempt either wholly or in part 

any other class of properties or classes of properties specified in the notification 

from the taxes or rates leviable under this section. 

(4) Subject to such rules as may be made in this behalf a Gram Panchayat shall 

levy— 

(a) on all transfers of immovable property situated within the local limits of 

the Gram, a duty in the shape of an additional stamp duty at the rate of 

two per centum or, as the case may be, the amount of the consideration 

for the sale, the value of the property in the case of a gift, the amount 

secured by the mortgage, the value of the property of the greater value in 

60

the case of exchange, or the value of the rent for the first ten years in the 

case of a lease, as set forth in the instrument; 

(b) a duty in the shape of an additional stamp duty at the rate of ten per 

centum on all payments for admission to any entertainment. 

(5) The State Government may make rules for regulating the collection of the 

duty on transfers of immovable property and duty on entertainment referred to in 

sub-section (5), the payment thereof to the Gram Panchayat and the deduction of 

any expenses incurred by the State Government in the collection thereof. 

Explanation— In this section,— 

(a) "annual value", in relation to any land or buildings, means an amount 

equal to six per centum of the market value of such land or buildings at the 

time of assessment estimated in the prescribed manner; 

(b) "entertainment" includes any exhibition, cinematograph exhibition, 

performance, amusement, games or sports to which persons are admitted 

for payment; 

Imposition of 

tax by Gram 


47. (1) Subject to such maximum rates as the State Government may prescribe, 

a Gram Panchayat may levy the following 3 [fees, rates and tolls,] namely:— 

(i) fees on the registration of vehicles; 

(ii) fees on plaints and petitions and other processes in suits and cases 

instituted before the Nyaya Panchayat concerned; 

(iii) a fee for providing sanitary arrangements at such places of worship or 

pilgrimage, fairs and melas within its jurisdiction as may be specified by 

the Stale Government by notification; 

(iv) a water rate, where arrangement for the supply of water for drinking, 

irrigation or any other purpose is made by the Gram Panchayat within its 

jurisdiction; 

(v) a lighting rate, where arrangement for lighting of public streets and 

places is made by the Gram Panchayat within its jurisdiction; 

61

(vi) a conservancy rate, where arrangement for clearing private latrines, 

urinals and cesspools is made by the Gram Panchayat within its 

jurisdiction; 

(vii) fees on 3 fregistration] for running trade, wholesale or retail, within the 

jurisdiction of the Gram Panchayat unless such -[registration] or such 

trade is prohibited under any law for the time being in force; 

(viii) tolls on persons, vehicles or animals or any class of them at any tollbar 

which is established by the Gram Panchayat on any road or bridge 

vested in, or under the management of, the Gram Panchayat; 

(ix) tolls in respect of any ferry established by, or under the management 

of, the Gram Panchayat; 

(x) fees on license on dogs and birds and other domestic pet animals; 

(xi) a general sanitary rate where arrangement for the construction and 

maintenance of public latrines is made by the Gram Panchayat within its 

jurisdiction; 

(xii) a drainage rate where arrangement for regular clearance of common 

drains is made by the Gram Panchayat within its jurisdiction; 

(xiii) fees for grazing cattle on grazing land vested in, or under the 

management and control of, the Gram Panchayat; 

(xiv) fees for use of burning ghat vested in, or under the management and 

control of, the Gram Panchayat; 

(xv) fees on registration for [shallow or deep tube-wells] fitted with motordriven 

pump sets and installed for irrigation for commercial purposes, 

subject to such terms and conditions as may be prescribed. 

Explanation.—In this clause, "commercial purpose" includes any purpose 

for which irrigation water is supplied to the land of any person, other than 

the owner of the shallow tube-well, on realisation of water rates, by whatever 

name called, from the owner of such land. 

(xvi) fees on the village produces sold in the village market organized by 

the Gram Panchayat to be determined by means of weight, measurement 

or by number or any two or more of them; 

62

(xvii) fees on erection, exhibition, fixing or retaining upon or over any land, 

building, wall, hoarding, or structure, any advertisement for public display 

in any manner whatsoever, in any place whether public or private 

excepting those exhibited by the State Government in the public interest. 

(2) The Gram Panchayat shall not undertake registration of a vehicle or levy fee 

therefor and shall not provide sanitary arrangements at places of worship or 

pilgrimage, fairs and melas within its jurisdiction or levy fee therefor if such 

vehicle has already been registered by any other authority under any law for the 

time being in force or if such provision for sanitary arrangement has already been 

made by any other local authority. 

(3) The scales of tolls, and the fees or rates and the terms and conditions of 

imposition thereof, shall be such as may be provided by bye-laws. 

(4) Such bye-laws may provide for exemption from all or any of the tolls, fees or 

rates in any class of cases. 

Power to 

borrow money. 

47A. A Gram Panchayat may borrow money from the Stale Government or 4 * 

* * * from banks or other financial institutions for furtherance of its objective 

on the basis of such specific schemes as may be drawn up by the Gram 

Panchayat for the purpose. 

Budget of Gram 


48. (1) Every Gram Panchayat shall, at such lime and in such manner as may be 

prescribed, prepare in each year a budget or its estimated receipts and 

disbursements for the following year 1 * * *. 

(2) (a) The budget prepared under sub-section (1) shall be written in 

vernacular of the district or the locality concerned and copies of the budget 

shall be pasted in such prominent places within the Gram Panchayat as 

may be prescribed, inviting objections and suggestions by the members of 

the Gram Sabha. 

(b) Copies of the budget shall be forwarded to the Panchayat Samiti 

having jurisdiction over the Gram for its views, if any. 

63

(c) The budget with objections, suggestions and views, if any, received 

from various quarters shall, within such period as may be prescribed, be 

placed in the meeting of the Gram Sabha for discussions proposing 

modification, if any, of the budget. 

(d) The Gram Panchayat shall, within such time as may be prescribed 

and in a meeting specially convened for the purpose and in the presence 

of at least half of the existing members, consider the objections, 

suggestions, and views, if any, and the discussions in the meeting of the 

Gram Sabha, and approve the budget with modifications, if any. 

(e) A copy of the budget approved under clause (d) shall be forwarded to 

the Panchayat Samiti having jurisdiction. 

(3) No expenditure shall be incurred unless the budget is approved 3 [under 

clause (d) of sub-section (2).] 

49. (1) A Gram Panchayat may prepare in each year a supplementary estimate 

providing for any modification of its budget and 4 [approve it in a meeting specially 

convened for the purpose and in the presence of at least half of the existing 

members] within such time and in such manner as may be prescribed. 

(2) A copy of the supplementary estimate as approved under subsection (1) 

shall be forwarded to the Panchayat Samiti having jurisdiction. 

Supplementary 

Budget. 

50. A Gram Panchayat shall keep such accounts and in such form as may be 

prescribed. 

Chapter-VII 

Naya Pachayats 

51. (1) Every Gram Panchayat shall, if authorised by the State Government by 

notification to do so, constitute a Nyaya Panchayat, consisting of five members, 

to be called Vicharaks, elected by it at such lime and in such manner as may be 

prescribed from amongst persons whose names are included in the electoral roll 

of the West Bengal Legislative Assembly for the time being in force pertaining to 

the area comprised in the Gram, other than a person who is a member of any 

Accounts. 

Constitution of 

Nyaya 


64

Gram Panchayat, Panchayat Samiti 1 [, Zilla Parishad, Mahakuma Paris-had or 

Council] or of any municipal authority constituted under any of the Acts referred 

to in sub-section (2) of section I, for the trial of— 

(a) the offences specified in the Second Schedule or a case transferred 

to the Nyaya Panchayat under sub-section (2) of section 52; 

(b) all or any of the classes of civil suits specified in section 61: 

Provided that no person shall be elected to be a member of Nyaya 

Panchayat if he has any of the disqualifications mentioned in section 8. 

(2) Every Nyaya Panchayat constituted under sub-section (1) shall be notified in 

the Official Gazette, or in such other manner as may be prescribed, and shall 

come into office with effect from the date specified in the said notification. 

(3) Every Nyaya Panchayat shall elect at such time and in such manner as may 

be prescribed one of its members to be called Pradhan Vicharak to preside over 

its sittings and in the absence of the Pradhan Vicharak, the Vicharaks present at 

the sitting of the Nyaya Panchayat shall elect one of them to be the Pradhan 

Vicharak for the purpose of that sitting. 

(4) The term of office of a member of a Nyaya Panchayat shall be '[five years] 

from the date of the notification mentioned in subsection (2): Provided that the 

members of a Nyaya Panchayat shall continue in office unlit the election of the 

members of the Nyaya Panchayat by the newly constituted Gram Panchayat 

after a general election and assumption of office by such members. 

(5) No Nyaya Panchayat shall try any suit, case or other proceeding pending 

before it unless al least three members of the Nyaya Panchayat are present 

during such trial. 

(6) The Secretary to the Gram Panchayat shall act as the Secretary to the Nyaya 

Panchayat for the purpose of keeping the records of its proceedings and 

decisions, and doing such other duties as may be prescribed. 

52. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 

1898, a Nyaya Panchayat constituted under section 51 shall have jurisdiction, 

within the local limits of the Gram Panchayat constituting such Nyaya Panchayat, 

Criminal 

Jurisdiction 

65

to try all offences specified in the Second Schedule, Part A; and, with effect from 

the dale specified in the notification referred to in sub-section (2) of section 51, 

no other court shall, except as otherwise provided in this Act, take cognizance of 

any case triable by a Nyaya Panchayat: Provided that nothing in this Act shall 

take away the jurisdiction of any court to try a case which a Nyaya Panchayat is 

prohibited by section 78 from trying or which should be, in the opinion of the 

Nyaya Panchayat or of the Sessions Judge or the Sub-divisional Judicial 

Magistrate exercising the power conferred by sub-section (/) of section 79, tried 

in an ordinary court. 

(2) A Nyaya Panchayat may try any offence specified in the Second Schedule, 

Part B, if the case is transferred to it by a Sessions Judge, a Sub-divisional 

Judicial Magistrate or any other Judicial Magistrate empowered to receive 

petitions under section 190 of the Code of Criminal Procedure, 1898: 

Provided that— 

(a) a Judicial Magistrate before whom a complaint of an offence 

mentioned in the Second Schedule, Part A cognizable by a Nyaya 

Panchayat is made, shall transfer the complaint to the Nyaya Panchayat 

which is competent to try the offence; 

(b) the Sessions Judge or Sub-divisional Judicial Magistrate may transfer 

any case from one Nyaya Panchayat \Q another or to any other court 

subordinate to him if in the interest of justice he considers it necessary to 

do so; 

(c) the Sessions Judge or Sub-divisional Judicial Magistrate may, with the 

consent of the parties, transfer any case cognizable by a Nyaya 

Panchayat, if the place of residence of the complainant is situated within 

the limits of a Gram Panchayat for which there is no Nyaya Panchayat, to 

any Nyaya Panchayat situated at a distance from such place of residence 

convenient, in the opinion of the Sessions Judge or the Sub-divisional 

Judicial Magistrate, as the case may be, for the parties and witnesses. 

(3) Every offence triable by a Nyaya Panchayat shall ordinarily be tried by the 

Nyaya Panchayat within the local limits of whose jurisdiction it was committed. 

66

(4) The offence of theft triable by a Nyaya Panchayat or any offence which 

includes theft or the possession of stolen property, triable by a Nyaya Panchayat, 

may be tried by the Nyaya Panchayat within the local limits of whose jurisdiction 

such offence was committed or the property stolen was possessed by the thief or 

by any person who received or retained the same knowing or having reason to 

believe it to be stolen. 

(5) An offence triable by a Nyaya Panchayat, committed whilst the offender is in 

the course of performing a journey, may be tried by the Nyaya Panchayat 

through or into the local limits of whose jurisdiction the offender, or the person 

against whom, or the thing in respect of which, the offence was committed, 

passed in the course of that journey. 

(6) When it is uncertain in which of several areas an offence was committed, or 

where an offence is committed partly in one local area and partly in another, or 

where an offence is a continuing one and continues to be committed in more 

local areas than one, or where it consists of several acts done in different local 

areas, it may be tried by a Nyaya Panchayat having jurisdiction over any such 

local areas. 

(7) Whenever a question arises as to which of two or more Nyaya Panchayats 

subordinate to the same Sub-divisional Judicial Magistrate ought to try any 

offence, it shall be decided by the Sub-divisional Judicial Magistrate. 

(8) Whenever a question arises as to which of two or more Nyaya Panchayats 

not subordinate to the same Sub-divisional Judicial Magistrate, but subordinate 

to the same Sessions Judge, ought to try any offence, it shall be decided by the 

Sessions Judge. 

(9) Where two or more Nyaya Panchayats not subordinate to the same Sessions 

Judge have taken cognizance of the same offence, the Sessions Judge within 

the local limits of whose jurisdiction the proceedings were first commenced may 

direct the trial of such offender to be held in any Nyaya Panchayat subordinate to 

him and if he so decides all other proceedings against such person in respect of 

such offence shall be discontinued. 

67

53. A case before Nyaya Panchayat may be instituted by petition more orally or 

in writing to the Secretary of the Gram Panchayat or in his absence to a member 

of the Nyaya Panchayat. If the petition is made orally, the Secretary or the 

member, as the case may be, shall draw up a statement recording the name of 

the petitioner, the name of the person against whom the petition is made, the 

nature of the offence and such other particulars, if any, as may be prescribed, 

and the signature or the thumb impression of the petitioner shall be taken 

thereon. The Secretary or the member, as the case may be, shall, thereafter, 

direct the petitioner to appear before the Nyaya Panchayat on a particular date 

How case may 

be instituted. 

54. (1) If upon the face of the petition, or on examining the petitioner, the Nyaya 

Panchayat \s of opinion that the petition is frivolous, vexatious or untrue, it shall 

dismiss the case by an order in writing. 

(2) If at any time it appears to the Nyaya Panchayat— 

(a) that it has no jurisdiction to try the case; or 

(b) that the offence is one for which the sentence which it is competent to 

pass would be inadequate; or 

(c) that the case is one which should not be tried by it, it shall direct the 

petitioner by an order in writing to the court which would have had 

jurisdiction to try the offence but for the provisions of this Act. 

Power to 

dissmiss or 

refuse to 

entertain 

petition. 

55. If in any case before a Nyaya Panchayat the petitioner fails, to appear on the 

day fixed, or if in the opinion of the Nyaya Panchayat, he shows negligence in 

prosecuting his case, the Nyaya Panchayat may dismiss the case for default, and 

such order of dismissal shall operate as an acquittal. 

Dismissal for 

default. 

56. (1) If the petition be not dismissed, the Nyaya Panchayat shall, subject to the 

provisions of section 83, by summons require the accused to appear and answer 

the petition. 

(2) If the accused fails to appear or cannot be found, the Nyaya Panchayat shall 

report the fact to the nearest Sub-divisional Judicial Magistrate, who would have 

Proceeding 

preliminary to 

trial. 

68

had jurisdiction to try the offence but for the provisions of this Act, who may issue 

a warrant for the arrest of the accused and when arrested may forward him for 

trial to the Nyaya Panchayat or release him on bail to appear before it. 

(3) The Nyaya Panchayat shall, if possible, try the case on the day on which the 

accused appears or is brought before it, but if that is not possible, the Nyaya 

Panchayat shall release him on his executing a bond for a sum not exceeding 

twenty-five rupees to appear before it on any subsequent day or days to which 

the trial may be adjourned: 

Provided that if the accused fails or refuses to execute a bond, the Nyaya 

Panchayat shall, instead of releasing him, send him back under custody to the 

Sub-divisional Judicial Magistrate by whom such accused was arrested and 

thereupon such Sub-divisional Judicial Magistrate shall, notwithstanding anything 

contained in sub-section (7) of section 52, take cognizance of the complaint 

made before the Nyaya Panchayat and shall try such accused person in the 

same manner and under the same procedure as if the complaint were made 

before him. 

Compounding 

of offences. 

57. Notwithstanding anything contained in the Code of Criminal Procedure, 1898, 

the Nyaya Panchayat may allow the parties to compound any offence triable by 

it. 

Bar to appeal. 

58. Notwithstanding anything contained in the Code of Criminal Procedure, 1898, 

there shall be no appeal by a convicted person in any case tried by a Nyaya 

Panchayat: Provided that the Sessions Judge or Sub-divisional Judicial 

Magistrate within the local limits of whose jurisdiction the Nyaya Panchayat is 

situate, if satisfied that failure of justice has occurred, may, of his own motion, or 

on the application of any of the parties, concerned, made within thirty days from 

the date of the order of the Nyaya Panchayat, cancel or modify any order of 

conviction or of compensation made by a Nyaya Panchayat or direct the retrial of 

any case by a court of competent jurisdiction subordinate to him, notwithstanding 

anything contained in sub-section (1) of section 52. 

69

59. (1) A Nyaya Panchayat shall, after hearing the parties and after considering 

the evidence adduced by the parties, record its decision in writing, and may 

sentence any offender convicted by it to pay a fine not exceeding fifty rupees: 

Provided that if the members of the Nyaya Panchayat present during the trial of a 

case fail to come to a unanimous decision, the decision of the majority of such 

members shall be the decision of the Nyaya Panchayat: Provided further that in 

the case of equality of votes of the members of a Nyaya Panchayat present 

during the trial of a case, the Pradhan Vicharak, or the person who is elected as 

Pradhan Vicharak for that sitting, shall have a second or casting vote and the 

decision of the Nyaya Panchayat shall be in accordance with such second or 

casting vote. 

(2) No sentence of imprisonment, simple or regorous, whether substantive or in 

default of payment of fine shall be awarded by any Nyaya Panchayat. 

(3) When a Nyaya Panchayat imposes a fine under sub-section (/), it may, when 

passing the order, direct that the whole or any part of the fine recovered shall be 

applied in payment of compensation for any loss or injury caused by the offence. 

(4) If a Nyaya Panchayat is satisfied that a complaint made before it or 

transferred to it for trial is false, vexatious or frivolous, it may order the 

complainant to pay to the accused, such compensation not exceeding twenty-five 

rupees, as it thinks fit. 

(5) If such fine or compensation is not paid or realised within thirty days of the 

passing of the sentence or order or within such further time as the Nyaya 

Panchayat may allow, the Nyaya Panchayat shall record an order declaring the 

amount of fine imposed or compensation awarded and that it has not been paid, 

and shall forward the same to the nearest Sub-divisional Judicial Magistrate, who 

would have had jurisdiction to try the case but for the provisions of this Act, and 

the Sub-divisional Judicial Magistrate shall— 

(a) proceed to execute the order as if it were an order passed by himself, 

or 

Power to 

impose fine or 

to award 

compensation. 

70

(b) in default of payment, sentence the accused to imprisonment in 

accordance with Chapter III of the Indian Penal Code, notwithstanding 

anything contained in sub-section (2) of this section: 

Provided that, notwithstanding anything contained in the Indian Penal Code— 

(a) the fine imposed or compensation awarded by a Nyaya Panchayat 

shall not be realised from any person who has served his term of 

imprisonment; 

(b) the person serving his term of imprisonment shall be forthwith 

released, if the fine or compensation is paid before the expiry of the term 

of imprisonment. 

Release after 

admonition or 

on probation of 

good contuduct. 

60. When any person is convicted by a Nyaya Panchayat and no previous 

conviction is proved against him, if it appears to the said Nyaya Panchayat that 

regard being had to the age, character and antecedents of the offender and to 

the circumstances in which the offence was committed, it is expedient — 

(a) that the offender should be released after due admonition the Nyaya 

Panchayat may, instead of sentencing him to any punishment, release him 

after due admonition; or 

(b) that the offender should be released on probation of good conduct, 

the Nyaya Panchayat may, notwithstanding anything contained in the 

Code of Criminal Procedure, 1898, instead of" sentencing him at once to 

any punishment, direct that he be released on his executing a bond for a 

sum not exceeding fifty rupees to appear and receive sentence when 

called upon during such period (not exceeding one year) as it may direct, 

and in the meantime to keep the peace and be of good behaviour. 

Civil 

Jurisdiction. 

61. (1) Notwithstanding anything contained in the Bengal, Agra and Assam Civil 

Courts Act, 1887, the Provincial Small Cause Courts Act, 1887 and the Code of 

Civil Procedure, 1908, and subject to the provisions of sections 62 and 63, a 

Nyaya Panchayat shall have, within the local limits of the Gram Panchayat 

constituting such Nyaya Panchayat, jurisdiction to try the following classes of 

71

suits when the value of the suit does not exceed two hundred and fifty rupees, 

namely:— 

(a) suits for money due on contracts; 

(b) suits for the recovery of movable property or the value of such 

property; 

(c) suits for compensation for wrongfully taking or damaging movable 

property; and 

(d) suits for damages by cattle-trespass. 

(2) No other court shall have jurisdiction to try any suit of the classes mentioned 

in sub-section (1): 

Provided that nothing in this Act shall lake away the jurisdiction of any court to try 

a suit which a Nyaya Panchayat is prohibited by section 78 from trying or which 

should be, in the opinion of the Nyaya Panchayat or of the District Judge 

exercising the power conferred by sub-section (2) of section 79, tried by an 

ordinary court. 

62. No suit shall lie in any Nyaya Panchayat— 

(a) on a balance of partnership account; 

(b) for a share or part of a share under an intestacy, or for a legacy or part 

of legacy under a Will; 

(c) by or against the Union of India or a State Government or a local 

authority or public officers for acts done in their official capacity; 

(d) by or against minors or persons of unsound mind or when any such 

person is in the opinion of the Nyaya Panchayat a necessary party; 

(e) for the assessment, enhancement, reduction, abatement, 

apportionment or recovery of rent of immovable property; or 

(f) by a mortgagee of immovable properly for the enforcement of the 

mortgage by foreclosure or sale of the property or otherwise, or by a 

mortgagor of immovable properly for the redemption of the mortgage. 

Suites not be 

tried. 

72

Suites to 

imporve whole 

claim. 

63. (1) Every suit instituted before a Nyaya Panchayat shall include the whole of 

the claim which the plaintiff is entitled to make in respect of the matter in dispute, 

but he may relinquish any portion of his claim in order to bring the suit within the 

jurisdiction of the Nyaya Panchayat. 

(2) If the plaintiff omits to sue in respect of or relinquishes any portion of his 

claim, he shall not afterwards sue in respect of the portion so omitted or 

relinquished. 

Local limit of 

jurisdiction. 

64. No suit shall lie in a Nyaya Panchayat unless at least one of the defendants 

resides within the limits of its jurisdiction at the time of the institution of the suit, or 

the cause of action has arisen wholly or in part within those limits. 

How suites may 

be instituted. 

65. (1) A suit before a Nyaya Panchayat may be instituted by petition made 

orally or in writing to the Secretary of the Gram Panchayat or in his absence to a 

member of the Nyaya Panchayat. If the petition is made orally the Secretary or 

the member, as the case may be, shall draw, up a statement recording the name 

of the petitioner, the name of the person, against whom the petition is made, the 

nature of the claim and such other particulars, if any, as may be prescribed and 

the signature or the thumb impression of the petitioner shall be taken thereon. 

The Secretary or the member, as the case may be, shall thereafter direct the 

petitioner to appear before the Nyaya Panchayat on a particular date. 

(2) The plaintiff on instituting his suit shall state the value of the claim. 

Dismissal of 

suites barried 

by limition, etc. 

66. (1) If at any time the Nyaya Panchayat is of opinion that the suit is barred by 

limitation it shall dismiss the suit by an order in writing. 

(2) If at any time it appears to the Nyaya Panchayat that it has no jurisdiction to 

entertain the suit, it shall direct the petitioner to the Court having jurisdiction to try 

such suit. 

(3) Where it is proved to the satisfaction of the Nyaya Panchayat that a suit has 

been adjusted wholly or in part by any lawful agreement or compromise or where 

the defendant satisfies the plaintiff in respect of the whole or any part of the 

73

subject matter of the suit, the Nyaya Panchayat shall pass a decree in 

accordance therewith so far as it relates to the suit: 

Provided that where the Nyaya Panchayat refuses to pass a decree in 

accordance with the agreement or compromise, it shall record its reasons in 

writing for so doing. 

67. If in any suit before a Nyaya Panchayat the plaintiff fails to default appear on 

the day fixed, or if in the opinion of the Nyaya Panchayat, he shows negligence in 

prosecuting his suit, it may dismiss the suit for default: 

Provided that a Nyaya Panchayat may restore a suit dismissed for default, if 

within thirty days from the date of such dismissal the plaintiff satisfies the Nyaya 

Panchayat that he was prevented by sufficient cause from appearing at the time 

when the suit was called on for hearing. 

Dismissal of 

suties for 

default. 

69. If on receiving the plaint the Nyaya Panchayat is satisfied that the trial of the 

suit may be proceeded with it shall, by summons, require the defendant to 

appear and answer the suit either orally or in writing. 

Summons to 

defendant to 

appear. 

69. If the defendant fails to appear and the Nyaya Panchayat is satisfied that the 

summons was duly served it may decide the suit ex parte: 

Provided that any defendant against whom a suit has been decided ex parte 

may, within thirty days from the date of executing any process for enforcement of 

the decision, apply, orally or in writing, to the Nyaya Panchayat to set aside the 

order; and the Nyaya Panchayat, if satisfied that the summons was not duly 

served on the defendant, or that the defendant was prevented from appearing at 

the time when the suit was called on for hearing by any sufficient cause, shall set 

aside the decision and shall appoint a day for proceeding with the suit. 

Ex parte 

decision. 

70. No decision or order of a Nyaya Panchayat shall be set aside under the 

proviso to section 67 or under the proviso to section 69 unless notice in writing 

has been served by the Nyaya Panchayat on the opposite party. 

No order to be 

set aside 

without notice 

to opposite 

party. 

74

Power to 

determine. 

71. (1) Subject to the provisions of clauses (c) and (d) of section 62, the 

Nyaya Panchayat shall add as parties to a suit any person whose presence as 

parties it considers necessary for a proper decision thereof, and shall enter the 

names of such parties in the register of suits, and the suit shall be tried as 

between the parties whose names are entered in the said register: 

Provided that when any party is added, notice shall be given to him and he 

shall be given an opportunity to appear before the trial of the suit is proceeded 

with. 

(2) In all cases where a new party appears under the proviso to subsection 

(I) during the trial of a suit, he may require that the trial shall begin de 

novo, 

Decesion of 

suites. 

72. (1) When the parties or their agents have been heard and the Decision of 

evidence on both sides considered, the Nyaya Panchayat shall, by written order, 

pass such decree as may seem just, equitable and according to good 

conscience, stating in the decree the amounts of prescribed fees and the 

amount, if any, paid to witnesses under sub-section (3) of section 82 and the 

persons by whom such amounts are payable: 

Provided that if the members of the Nyaya Panchayat present during the trial of a 

suit fail to come to a unanimous decision, the decision of the majority of such 

members shall be the decision of the Nyaya Panchayat: 

Provided further that in the case of equality of votes of the members of a Nyaya 

Panchayat present during the trial of a suit, the Pradhan Vicharak, or the person 

who is elected as Pradhan Vicharak for that sitting, shall have a second or 

casting vote and the decision of the Nyaya Panchayat shall be in accordance 

with such second or casting vote. 

(2) Subject to such conditions and limitations as may be prescribed, and to the 

provisions of any law for the time being in force, the costs of an incidental to all 

suits shall be in the discretion of the Nyaya Panchayat and the Nyaya Panchayat 

shall have full power to determine by whom and to what extent such costs are to 

be paid, and to give all necessary directions for the purposes aforesaid: 

75

Provided that where the Nyaya Panchayat directs that the successful party shall 

not get the costs of the suit, it shall state its reasons in writing. 

(3) If a Nyaya Panchayat is satisfied that a suit instituted before it is false, 

vexatious or frivolous, it may direct the plaintiff, by an order in writing, to pay to 

the defendant such compensation, not exceeding twenty-five rupees, as it may 

think fit. 

73. A Nyaya Panchayat in ordering the payment of a sum of money or the 

delivery of any movable property may direct that the money be paid, or the 

movable property be delivered, by installments. 

Instalments. 

74. The decision of a Nyaya Panchayat in every suit shall be final as between the 

parties to the suit: Provided that the Munsif who would have had jurisdiction to try 

the suit but for the provisions of this Act, may, on the application of any party to 

the suit made within thirty days of the decree or order of the Nyaya Panchayat, 

cancel or modify the decree or order of the Nyaya Panchayat or direct a retrial of 

the suit by the same or any other Nyaya Panchayat if he is satisfied that there 

has been a failure of justice. 

Decision to be 

but power to 

Munsif to order 

retrial. 

75. If the plaintiff or defendant in any suit dies before the suit has been decide, 

the suit may, subject to the provisions of clause (d) of section 62, be proceeded 

with at the instance of, or against the legal representatives of, the deceased 

plaintiff or defendant, as the case may be. 

Death of 

parties. 

76. The decision of a Nyaya Panchayat on the question of title, legal character, contract 

or obligation shall not bind the parties except in respect of the suit in which such matter is 

decided. 

77. (1) The provisions of— 

(a) the West Bengal Court-fees Act, 1970, 

(b) the Code of Criminal Procedure, 1898, 

(c) the Code of Civil Procedure, 1908, and 

Effect of 

dicision on 

question of 

title,etc. 

Procedure for 

Nyaya 

Pnachyat. 

76

Bar to trial of 

case of suit in 

which a 

Panchayat or its 

member is 

interested. 

Withdrawl or 

transfer of case 

or suit. 

(d) the Indian Evidence Act, 1872, shall not apply to any trial before a Nyaya Panchayat. 

(2) The procedure to be followed by a Nyaya Panchayat in any trial, in the enforcement 

of its decisions and orders, and in the method of forming a quorum shall, subject to 

the provisions of this Act, be in accordance with prescribed rules. 

78. No Nyaya Panchayat shall try any case or suit or other proceeding in which the Gram 

Panchayat concerned or any member of such Nyaya Panchayat is a party or is interested. 

79. (1) The Sessions Judge or the Sub-divisional Judicial Magistrate within the local 

limits of whose jurisdiction the Nyaya Panchayat is situate, may, of his own motion or on 

the application of any of the parties to a case or on the motion of the Nyaya Panchayat 

concerned, withdraw the case pending before a Nyaya Panchayat if, for reasons to be 

recorded by him in writing, he is of opinion-that the case is one which should not be tried 

or heard by the Nyaya Panchayat, and may try or hear the case himself or transfer it for 

disposal to another Judicial Magistrate who would have had jurisdiction to try the case 

but for the provisions of this Act. 

(2) The District Judge, within the local limits of whose jurisdiction a Nyaya 

Panchayat is situate, may, of his own motion or on the application of any of the parties to 

a suit or on the motion of the Nyaya Panchayat concerned, withdraw the suit pending 

before a Nyaya Panchayat if, for reasons to be recorded by him in writing, he is of 

opinion that the suit is one which should not be tried or heard by the Nyaya Panchayat, 

and may try or hear the suit himself or transfer it for disposal to the court of the Munsif 

who would have had jurisdiction to try the suit but for the provisions of this Act. 

Certain suits and 

case not to be 

tried. 

(3) If at any stage of a case or a suit any party to such case or suit informs the Nyaya 

Panchayat that he has applied or that he intends to apply for the withdrawal or transfer of 

the case or suit under sub-section (I) or sub-section (2), as the case may be, the Nyaya 

Panchayat shall stay further proceedings in the case or suit until such time as it thinks fit. 

80. (1) No Nyaya Panchayat shall try any suit in which the matter suits directly and 

substantially in dispute has been heard and finally decided by a court of competent 

77

jurisdiction in a former suit between the same panics, or between parties under whom 

they or any of them claim. 

(2) No Nyaya Panchayat shall proceed with the trial of any suit in which the matter 

directly and substantially in dispute is pending for decision in the same Nyaya 

Panchayat or in any other court in a previously instituted suit between the same 

parties or between parties under whom they or any of them claim. 

(3) No Nyaya Panchayat shall try a person who has once been tried by a court or a 

Nyaya Panchayat of competent jurisdiction for an offence and convicted or acquitted 

of such offence, while such conviction or acquittal remains in force. 

81. (1) The Sessions Judge and the Sub-divisional Judicial Magistrate within the local 

limits of whose jurisdiction the Nyaya Panchayat is situate, shall have the power at 

all times to inspect the proceedings of any criminal case and the records of criminal 

cases maintained by a Nyaya Panchayat. 

Inspection. 

(2) The District Judge and the Munsif within the local limits of whose jurisdiction the 

Nyaya Panchayat is situate, shall have the power at all times to inspect the 

proceedings of any suit and the records of suits maintained by a Nyaya Panchayat, 

82. (1) Subject to the provisions of section 85, a Nyaya Panchayat may, by summons, 

send for any person to appear and give evidence or to produce or cause the production of 

any document: 

Provided that no person who is exempt from personal appearance in court under 

sub-section (1) of section 133 of the Code of Civil Procedure, 1908, shall be 

required to appear in person before a Nyaya Panchayat. 

(2) A Nyaya Panchayat shall refuse to summon a witness or to enforce a summons 

already issued against a witness, where, in the opinion of the Nyaya Panchayat, the 

attendance of the witness cannot be procured without an amount of delay, expense or 

inconvenience which, under the circumstances of the case, would be unreasonable. 

(3) A Nyaya Panchayat shall not require any person living outside the limits of the Gram 

Panchayat concerned to give evidence, unless such sum of money as may appear to 

Attendence of 

witness. 

78

Appearance of 

parties. 

Legal 

practitioners not 

to practice. 

the Nyaya Panchayat to be sufficient to defray the travelling and other expenses of 

such person and for one day's attendance is deposited in the Nyaya Panchayat by the 

party who cites such person as his witness. 

(4) If any person whom a Nyaya Panchayat summons by written order to appear or give 

evidence, or to produce any document before it fails, without lawful excuse, to obey 

such summons and thereby commits an offence, the Nyaya Panchayat may take 

cognizance of such offence and may sentence the person convicted of such offence to 

a fine not exceeding twenty-five rupees. 

83. (1) The parties to cases triable by a Nyaya Panchayat shall appear personally before 

the Nyaya Panchayat: Provided that the Nyaya Panchayat, if it thinks fit so to do, 

may dispense with the personal attendance of an accused and permit him to appear by 

agent. 

(2) The parties to suits triable by a Nyaya Panchayat may appear by agent. 

Explanation—"agent" in sub-sections (1) and (2), means a person who is authorised 

in writing to appear and plead for either party. 

(3) Notwithstanding anything contained in sub-section (1) or subsection (2), no person 

whose name is included in a list of touts framed and published by Sub-divisional 

Magistrate under section 80A of the Registration Act, 1908, shall be permitted to 

appear as an agent of a party before a Nyaya Panchayat. 

84. Notwithstanding anything contained in the Legal Practitioners Legal Act, 1879, legal 

practitioners shall not be permitted to practice before a Nyaya Panchayat. 

Appreance of 

women. 

85. No woman shall be compelled to appear in person before a Nyaya Panchayat as an 

accused or as a witness. 

Power to issue 

commission. 

Trial of suit 

triable by more 

than one Nyaya 


86. Subject to such rules as may be prescribed, a Nyaya Panchayat may issue a 

Commission to examine any person in accordance with such procedure as may be 

prescribed. 

87. Where a suit is maintainable in more than one Nyaya Panchayat, the plaintiff may 

bring the suit in any one of such Nyaya Panchayats and any dispute regarding the 

79

jurisdiction of a Nyaya Panchayat to entertain any suit shall be decided by the Munsif 

who would have had jurisdiction to try the same but for the provisions of this Act, and the 

decision of the Munsif thereon shall be final. 

88. (1) All fees imposed and all sums decreed under this Act by a Nyaya Panchayat may 

be realised under the orders of the Nyaya Panchayat in the same manner as an arrear of 

rate or tax imposed under this Act and any amount realised in pursuance of such an order 

shall be paid to the persons entitled to get the same. 

(2) If the Nyaya Panchayat granting a decree is unable to effect satisfaction 

thereof, it shall grant the decree-holder a certificate to that effect stating the amount due 

to him and the amount due as costs of the suit. 

(3) The decree-holder to whom the certificate referred to in subsection (2) is 

granted, may make an application, on production of such certificate, to the court of the 

Munsif within the local limits of whose jurisdiction the defendant actually and voluntarily 

resides or carries on business or personally works for gain, for execution of the decree 

granted by the Nyaya Panchayat. 

(4) The court of the Munsif, to which the application referred to in sub-section 

(jf) is made, shall execute the decree granted by the Nyaya Panchayat and in executing 

such decree it shall have the same powers and it shall follow the same procedure as if it 

were executing a decree passed by itself. 

(5) An application for execution of a decree of a Nyaya Panchayat made after the 

expiry of three years from the date of the decree or of any order under the proviso the 

section 74 modifying any such decree, shall be dismissed, although limitation has not 

been pleaded: 

Provided that where the decree is for payment of a sum of money or delivery of any 

movable property which the decree directs to be made at a certain date, the application 

for execution of the decree may be made within three years from that date. 

Realisation of 

fees and 

execution of 

decrees. 

89. Every Nyaya Panchayat shall maintain such registers and records and submit such 

returns as may be prescribed. 

Registers and 

records. 

80

Resignation by 

member of 

Nyaya 

Panchayat and 

filling of casual 

vacancy. 

Removal of 

member of 

Nyaya 


Reference to 

Sessions 

Judge,etc. 

90. (1) A member of a Nyaya Panchayat may resign during his term of office by 

notifying in writing his intention to do so to the prescribed authority and, on such 

resignation being accepted by the prescribed authority, shall be deemed to have vacated 

his office. 

(2) When the office of a member of a Nyaya Panchayat becomes vacant by resignation 

or otherwise a new member shall, in the same manner as laid down in section 51, be 

elected by the Gram Panchayat, who shall hold office so long as the member whose 

office he fills would have been entitled to hold office if such vacancy had not occurred: 

Provided that no act of the Nyaya Panchayat shall be deemed to be invalid by reason only 

that the number of members of the Nyaya Panchayat at the time of the performance of 

such act was less than the prescribed number. 

91. (1) The State Government may, by an order in writing, at any time, for good and 

sufficient reason to be stated in such order, remove a member of a Nyaya Panchayat. 

(2) Before removing a member under sub-section (1), the State Government shall allow 

the member concerned an opportunity of being heard in accordance with such rules as 


92. Any reference in this Chapter to the Sessions Judge, the Sub-divisional Judicial 

Magistrate and the Judicial Magistrate shall, in the district where the West Bengal 

Separation of Judicial and Executive Functions Act, 1970, is not in force, be construed as 

a reference to the District Magistrate, Sub-divisional Magistrate and Magistrate, 

respectively. 

Chapter VIII 

Constitution of Panchayat Samiti 

Block. 

93. (1) The State Government may, by notification, divide a district into Blocks each 

comprising such contiguous Gram as may be specified in the notification: Provided that a 

Block may comprise such Grams as are not contiguous or have no common boundaries 

and are separated by an area to which this Act does not extend or in which the remaining 

sections of this Act referred to in sub-section (3) of section 1 have not come into force. 

81

(2) The notification under sub-section (1) shall specify the name of the Block by 

which it shall be known and shall specify the local limits of such block. 

(3) The State Government may after making such enquiry as it may think fit and 

after consulting the views of the Panchayat Samiti or Samities concerned, by 

notification— 

(a) exclude from any Block any Gram comprised therein; or 

(b) include in any Block any Gram contiguous to such Block or separated by an 

area to which this Act does not extend or in which the remaining sections of this 

Act referred to in sub-section (3) of section 1 have not come into force; or 

(c) divide the area of a Block so as to constitute two or more Blocks; or 

(d) unite the areas of two or more Blocks so as to constitute a single Block. 

94. (1) For every Block the State Government shall constitute a Panchayat Samiti 

bearing the name of the Block. 

(2) The Panchayat Samiti shall consist of the following members, namely:— 

(i) Pradhans of the Gram Panchayats within the Block, ex-officio; 

(ii) such number of persons not exceeding three as may be prescribed 1 [on 

the basis of the number of voters in hill areas and other areas] to be elected 

from each Gram within the Block, the Gram being divided 2 [by the 

prescribed authority] for the purpose into as many constituencies as the 

number of the persons to be elected, and the election being held by secret 

ballot at such lime and in such manner as may be prescribed, 3 [from 

amongst the persons, whose names are included in the electoral roll 

4 Cpertaining to the area comprised in the Block, prepared in accordance 


Samati and its 

constitution. 

with such rules as may be made by the State Government in this behalf 

and in force on such dale as the State Election Commissioner may declare 

for the purpose of an election) by persons whose names are included in 

such electoral roll pertaining to the constituency comprised in such 

Gram:] 5 Provided that seats shall be reserved for the Scheduled Castes and 

the Scheduled Tribes in a Panchayat Samiti and the number of seats so 

reserved shall bear, as nearly as may be and in the manner and in 

accordance with such rules as may be made in this behalf by the State 

82

Government, the same proportion to the total number of seats in that 

Panchayat Samiti to be filled up by election as the population of the 

Scheduled Castes in that Panchayat Samiti area or of the Scheduled Tribes 

in that Panchayat Samiti area, as the case may be, bears to the total 

population of that Panchayat Samiti area and such seats shall be subject to 

allocation by rotation, in the manner prescribed, to such different 

constituencies having Scheduled Castes or Scheduled Tribes population 

which bears with the total population in that constituency not less than half 

of the proportion that the total Scheduled Castes population or the 

Scheduled Tribes population in that Panchayat Samiti area, as the case 

may be, bears with the total population in that Panchayat Samiti area: 


reserved for the Scheduled Castes and the Scheduled Tribes shall be 

reserved for women belonging to the Scheduled Castes or the Scheduled 

Tribes, as the case may be: 'Provided also that not less than one-third of 

the total number of seats, including the seats reserved for the Scheduled 

Castes and the Scheduled Tribes, in a Panchayat Samiti shall be reserved 

for women, and the constituencies for the seats so reserved for women 

shall be determined by rotation, in such manner as may be prescribed: 


provisions of this sub-section :2 * * * *, when the number of members to be 

elected to a Panchayat Samiti is determined, or when seals are reserved 

for the Scheduled Castes and the Scheduled Tribes in a Panchayat Samiti, 

in the manner as aforesaid, the number of members so determined or the 

number of seats so reserved shall not be varied for three successive 

general elections: 

'Provided also that no member of the Scheduled Castes or the Scheduled 

Tribes and no woman for whom seats are reserved under this sub-section, 

shall, if eligible for election to a Panchayat Samiti, be disqualified for 

election to any seat not so reserved: 

83

3 Provided also that such division into constituencies shall be made in such 

manner that the ratio between the population of a Block and the number of 

constituencies in the Panchayat Samiti shall, so far as practicable, be the 

same in any Panchayat Samiti: 

1 Provided also that the Stale Election Commissioner may, at any time, for 

reasons to be recorded in writing 2 [, by order, direct the prescribed 

authority to make fresh determination], of the number of members in a 

Panchayat Samiti or fresh reservation on rotation of the number of seats in 

that Panchayat Samiti and, on such order being issued by the State 

Election Commissioner, the determination of the number of members 3 [or 

the number of seats to be reserved or the sequence of rotation of 

reservation of seats or any combination of them as may be specified in 

such order] shall not be varied for 4 [the next] three successive general 

elections: 

1 Provided also that provisions for reservation of seats for the Scheduled 

5 (iii) 

Castes and the Scheduled Tribes shall cease to have effect on the 

expiration of the period specified in article 334 of the Constitution of 

India; 

(a) members of the House of the People and the Legislative Assembly of the State 

elected thereto from a constituency comprising the Block or any part thereof, not 

being 6 [Ministers;] 

(b) embers of the Council of States, not being Ministers, 7 [(registered as electors within 

the area of the Block;) and] 

(c) 

8 members of the Zilla Parishad, not being Sabhadhipati or Sahakari Sabhadhipati, 

elected thereto from the constituency comprising any part of the Block. 

(3) Every Panchayat Samiti constituted under this section shall '* * * * be notified in the 

Official Gazette and shall come into office with effect from the date of its first 

meeting at which a quorum is present. 

(4) Every Panchayat Samiti shall be a body corporate having perpetual succession and a 

common seal and shall by its corporate name sue and be sued. 

84

95 (1) When any Gram is excluded from a Block under clause (a) of sub section (3) of 

section 93, such Grant shall, as from the date of the notification referred to in that subsection, 

cease to be subject to the jurisdiction of the Panchayat Samiti of that Block and, 

unless the State Government otherwise directs, to the rules, orders, directions and 

notifications in force therein. 

(2) When a Gram is included in a Block under clause (b) of subsection (3) of 

section 93, the Panchayat Samiti for that Block shall, as from the date of the notification 

referred to in that sub-section, have jurisdiction over such Gram and, unless the State 

Government otherwise directs, all rules, orders, directions and notifications in force in 

that Block shall apply to the Gram so included, 

(3) 

2 When the area of any Block is divided under clause (c) of subsection (3) of 

section 93 so as to constitute two or more Blocks, there shall be reconstitution of the 

Panchayat Samities for the newly constituted Blocks in accordance with the provisions of 

this Act, and the Panchayat Samiti of the Block so divided shall, as from the date of 

coming into office of the newly constituted Panchayat Samities, cease to exist. 

(4) 

3 When the areas of two or more Blocks are united under clause (d) of subsection 

(3) of section 93 so as to constitute a single Block, there shall be reconstitution of 

the Panchayat Samiti for the newly constituted Block in accordance with the provisions 

of this Act, and the Panchayat Samities of the Blocks so united shall, as from the date of 

coming into office of the newly constituted Panchayat Samiti, cease to exist. 

(5) When under sub-section (3) of section 93 any Gram is excluded from or 

included in, a Block, or a Block is divided so as to constitute two or more Blocks, or two 

or more Blocks are united to constitute a single Block, the properties, funds and liabilities 

of the Panchayat Samiti or Samities affected by such re-organisation shall vest in such 

Panchayat Samiti or Samities, and in accordance with such allocation, as may be 

determined by order in writing by the prescribed authority, and such determination shall 

be final. 

(6) An order made under sub-section (5) may contain such supplemental, 

incidental and consequential provisions as may be necessary to give effect to such reorganisation. 

Effect of the 

alteration of of 

area of a block. 

85

Explanation— For the purpose of reconstitution of the Panchayat Samiti after division 

referred to in sub-section (3) or after unification referred to in sub-section (4),— 

(a) it shall not be necessary to hold general elections to the newly 

constituted Panchayat Samiti or Panchayat Samities when the terms of 

office of the members of the former Panchayat Samities within the scope 

and meanings of subsection (/) of section 96, do not expire, and 

(b) such members having unexpired terms of office shall be declared by 

the State Government or such authority as may be empowered, by order, 

by the State Government in this behalf, by notification in the Official 

Gazette as members to the newly constituted Panchayat Samiti that 

comprises the constituencies, wholly or in part, from which such members 

were elected to the former Panchayat Samities and any such member shall 

hold office in the newly constituted Panchayat Samiti for the unexpired 

portion of the term of his office. 

Effect of 

inclusion of any 

area of Block in 

any area of 

Municipality. 

2 95A. If, at any time, the whole of the area of a Block is included in the area of a 

Municipality by a notification under any law for the lime being in force or in an area 

under the authority of a Town Committee or a Cantonment, the Panchayat Samiti for 

such area shall cease to exist within six months from the date of the notification or with 

effect from such date as may be specified in the notification or with effect from the date 

on which elections to the newly constituted body are completed, whichever is earlier, and 

the properties, funds and other assets vested in such Panchayat Samiti shall vest in and 

devolve on the Municipality or the Town Committee or the Cantonment Authority, as the 

case may be, in accordance with the orders of the prescribed authority. The persons 

employed under-such Panchayat Samiti shall, with effect from the date on which the 

Panchayat Samiti ceases to exist, be deemed to be employed by the Municipality or the 

Town Committee or the Cantonment Authority, as the case may be, on terms and 

conditions not being less advantageous than what they were entitled to immediately 

before such inclusion. 

86

96. (1) The members of a Panchayat Samiti, other than ex officio members, shall, subject 

to the provisions of sections 100 and 213A, hold office for a period of five years from the 

date of its first meeting and no longer. 

(2) There shall be held a general election for the constitution of a Panchayat Samiti 

within a period not exceeding five years from the date of the previous general election 

held for that Panchayat Samiti: 

Provided that if the first meeting of the newly-formed Panchayat Samiti cannot be held 

before the expiry of the period of five years under sub-section (/), the State Government 

may, by order, appoint any authority, person or persons to exercise and perform, subject 

to such conditions as may be specified in the order, the powers and functions of the 

Panchayat Samiti under this Act or any other law for the time being in force, for a period 

not exceeding three months or until the date on which such first meeting of the newlyformed 

Panchayat Samiti is held, whichever is earlier. 

Office of the 

members of 


Samiti. 

2 96A. [(General election to Panchayat Samities.)—Omitted by s. 24 of the West Bengal 

Panchayat (Amendment) Act, 1994 (West Ben. Act XVIII of 1994).] 

97. Subject to the provisions contained in sections 140 and 142, a person shall not be 

qualified to be a member of a Panchayat Samiti, if— 

(a) he is a member 3 * * * * of any municipal authority constituted under any of 

the Acts referred to in sub-section (2) of section 1; or 

(b) he is in the service of the Central or the State Government or a Gram 

Panchayat or a Panchayat Samiti or 2 [a Zilla Parishad or the Mahakuma Parishad or the 

Council] and for the purposes of this clause, it is hereby declared that a person in the 

service of any undertaking of the Central or the State Government or any statutory body 

or Corporation or any public or Government company or any local authority or any cooperative 

society or any banking company or any university or any Government 

sponsored institution or any educational or other institution or undertaking or body 

receiving any aid from the Government by way of grant or otherwise or a person not 

under the rule-making authority of the Central or the State Government or a person 

receiving any remuneration from any undertaking or body or organisation or association 

of persons as the employee or being in the service of such undertaking or body or 

Disqualification 

s of member of 

the Panchayat 

Samiti. 

87

organisation or association of persons out of funds provided or grants made or aids given 

by the Central or the State Government, shall not be deemed to be in the service of the 

Central or the State Government; or 

(c) he has, directly or indirectly by himself or by his partner or employer or an 

employee, any share or interest in any contract with, by or on behalf of, the Panchayat 

Samiti, or a Gram Panchayat within the Block concerned 3 [, or the Zilla Parishad of the 

district, or the Mahakuma Parishad or the Council:] 

Provided that no person shall be deemed to be disqualified for being elected a member of 

a Panchayat Samiti by reasons only of his having a share or interest in any public 

company as defined in the Companies Act, 1956, which contracts with or is employed by 

the Panchayat Samiti or any such Gram Panchayat 4 [or such Zilla Parishad or the 

Mahakuma Parishad or the Council;] or 

(d) he has been dismissed from the service of the Central or a State Government 

or a local authority or a co-operative society, or a Government company or a Corporation 

owned or controlled by the Central or the State Government for misconduct involving 

moral turpitude and five years have not elapsed from the date of such dismissal; or 


(f) he is an undischarged insolvent; or 

(g) he being a discharged insolvent has not obtained from the court a certificate 

that his insolvency was caused by misfortune without any misconduct on his part; or 

(h) 

1 (i) he has been convicted by a court— 

(A) of an offence involving moral turpitude punishable with 

imprisonment for a period of more than six months, or 



(Electoral Offences and Miscellaneous Provisions) Act, 1952, and five 

years have not elapsed from the date of the expiration of the sentence; or 

(ii) he is disqualified for the purpose of elections to the State Legislature 

under the provisions of Chapter III of Part II of the Representation of the 

People Act, 1951; or 

88

(i) 

2 he has not attained the age of twenty-one years on the date fixed for the 

scrutiny of nominations for any elections; or 

(j) 

2 he has been convicted under section 189 at any lime during the last ten years; 

or 

(k) 

2 he has been surcharged or charged under section 192 at any time during the 

last ten years; or 

(l) 

2 he has been removed under section 213 at any time during the last five 

years. 

98. (1) Every Panchayat Samiti shall, at its first meeting at which a quorum is present, 

elect, in the prescribed manner, one of its members to be the Sabhapati and another 

member to be the Sahakari Sabhapati of the Panchayat Samiti: 

Sabhapati and 

Sahakari 

Sabhapati 

Provided that members referred to in 1 [clauses (i) and (iii) of subsection (2) of 

section 94 2 [shall neither participate in, nor be eligible for, such election:] 

3 Provided further that subject to such rules as may be made in this behalf by the 





absence from his place of employment or shall not carry on or be associated with 


interfere with due exercise of his powers, due performance of his functions or due 


4 Provided also that subject to such rules as may be made by the State Government 

in this behalf, the offices of the Sabhapati and the Sahakari Sabhapati shall be 

reserved for the Scheduled Castes and the Scheduled Tribes in such manner that 

the number of offices so reserved at the time of any general election shall bear, as 

nearly as may be, the same proportion to the total number of such offices within a 

district as the population of the Scheduled Castes or the Scheduled Tribes, as the 

89

case may be, in all the Blocks within such district taken together bears with the 

total population in the same area, and such offices shall be subject to allocation by 

rotation in the manner prescribed: 

4 Provided also that the offices of the Sabhapati and the Sahakari Sabhapati in any 

Panchayat Samiti having the Scheduled Castes or the Scheduled Tribes 

population, as the case may be, constituting not more than five per cent of the 

total population in the Block, shall not be considered for allocation by rotation: 

1 Provided also that in the event of the number of Blocks having the Scheduled 


the total population, falling short of the number of the offices of the Sabhapati 

and the Sahakari Sabhapati required for reservation in a district, the State 

Election Commissioner may, by order, include, for the purpose of reservation, 

other such offices of the Sabhapati and the Sahakari Sabhapati beginning from 

the Block having higher proportion of the Scheduled Castes or the Scheduled 

Tribes, as the case may be, until the total number of seats required for reservation 

is obtained: 

1 Provided also that not less than one-third of the total number of the offices of the 

Sabhapati and the Sahakari Sabhapati reserved for the Scheduled Castes and 

Scheduled Tribes in a district, shall be reserved by rotation for the women 

belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be: 


Sabhapati and the Sahakari Sabhapati in a district including the offices reserved 

for the Scheduled Castes and the Scheduled Tribes, shall be reserved for the 

women, and the offices so reserved shall be determined by rotation in such 

manner as may be prescribed: 

2 Provided also that in a district, determination of the offices of the Sabhapati 

reserved for the Scheduled Castes, the Scheduled Tribes and women shall precede 

such determination for the offices of the Sahakari Sabhapati: 

90

2 Provided also that if, for any term of election (hereinafter referred to in this 

proviso as the said term of election), the office of the Sabhapati in a Panchayat 

Samiti is reserved for any category of persons in terms of the rules in force, the 

office of the Sahakari Sabhapati in that Panchayat Samiti shall not be reserved 

for the said term of election for any category and if, in accordance with the rules 

applicable to the office of the Sahakari Sabhapati, such office is required to be 

reserved for the said term of election, such reservation for the same category shall 

be made in another office of the Sahakari Sabhapati within the district in the 




2 Provided also that when in any term of election, an office of the Sahakari 

Sabhapati is not reserved on the ground that the corresponding office of the 

Sabhapati is reserved in the manner prescribed, such office of the Sahakari 

Sabhapati not reserved on the ground as aforesaid, shall be eligible for 

consideration for reservation during the next term of election in the manner 

prescribed: 




the first election to be held after the coming into force of section 26 of the West 

Bengal Panchayat (Amendment) Act, 1994, and the roaster for reservation by 

rotation shall continue for every three successive terms for the complete rotation 

unless the Slate Election Commissioner, for reasons to be recorded in writing and 

by notification, directs fresh commencement of the rotation at any stage excluding 

one or more terms from the operation of the rotation: 



91

eligible for the office of the Sabhapati or Sahakari Sabhapati, be disqualified for 

election to any office not so reserved: 

'Provided also that the provisions for reservation of the offices of the Sabhapati 

and the Sahakari Sabhapati for the Scheduled Castes and the Scheduled Tribes 

shall cease to have effect on the expiry of the period specified in article 334 of the 


(2) The meeting to be held under sub-section (1) shall be convened by the prescribed 

authority in the prescribed manner. 

(3) The Sabhapati and the Sahakari Sabhapati shall, subject to the provisions of section 

101 and to their continuing as members, hold office for a period of 2 [five years]: 

3 * * * * * * * 

(4) When— 

(a) the office of the Sabhapati falls vacant by reason of death, resignation, 


(b) the Sabhapati is, by reason of leave, illness or other cause, temporarily 

unable to act, the Sahakari Sabhapati shall exercise the powers, perform 

the functions and discharge the duties of the Sabhapati until a new 

Sabhapati is elected and assumes office or until the Sabhapati resumes 

his duties, as the case may be. 

(5) When— 

(a) the office of the Sahakari Sabhapati falls vacant by reason of death, 

resignation, removal or otherwise, or 

(b) the Sahakari Sabhapati is, by reason of leave, illness or other cause, 

temporarily unable to act, the Sabhapati shall exercise the powers, 

perform the functions and discharge the duties of the Sahakari Sabhapati 

until a new Sahakari Sabhapati is elected and assumes office or until the 

Sahakari Sabhapati resumes his duties, as the case may be. 

92

(6) When the offices of the Sabhapati and the Sahakari Sabhapati are both vacant or the 

Sabhapati and the Sahakari Sabhapati are temporarily unable to act, the prescribed 

authority may appoint '[for a period of thirty days at a time a Sabhapati and a 

Sahakari Sabhapati from among the members of the Panchayat Samiti to act as such 

until a Sabhapati or a Sahakari Sabhapati is elected 2 [and assumes office or until the 

Sabhapati or the Sahakari Sabhapati resumes duties, as the case may be] 

3 * * * * * 

(7) The Sabhapati and the Sahakari Sabhapati of a Panchayat Samiti shall be paid out of 

the Panchayat Samiti Fund such 4 [remuneration] and allowances and shall be entitled 

to leave of absence for such period or periods and on such terms and conditions, as 


(8) 

5 Notwithstanding anything to the contrary contained in this Act, the State 

Government may, by an order in writing, remove a Sabhapati or a Sahakari 

Sabhapati from his office if, in its opinion, he holds any office of profit or carries on 

or is associated with any business, profession or calling in such manner that shall, or 

is likely to interfere with due exercise of his powers, performance of his functions or 


Provided that the State Government shall, before making any such order, give the 

person concerned an opportunity of making a representation against the proposed 

order. 

99. (1) A Sabhapati or a Sahakari Sabhapati or a member of a Panchayat Samiti may 

resign his office by notifying in writing his intention to do so to the prescribed authority 

and on such resignation being accepted the Sabhapati, the Sahakari Sabhapati or the 

member shall be deemed to have vacated his office. 

Registration 

of Sabhapati 

and Sahakari 

Sabhapati or 

a member. 

(2) When a resignation is accepted under sub-section (1), the prescribed authority shall 

communicate it to the members of the Panchayat Samiti within thirty days of such 

acceptance. 

93

Removal of 

member of 

Panchyat 

Samiti. 

100. (1) The prescribed authority may, after giving opportunity to a member of a 

Panchayat Samiti '[other than an ex officio member] to show cause against the action 

proposed to be taken against him, by order remove him from office— 

(a) 

(b) 

if after he becomes a member he is convicted by a criminal court of an offence 

involving moral turpitude and punishable with imprisonment for a period of more 

than six months; or 

if he was disqualified to be a member of the Panchayat Samiti m the time of his 

becoming a member; or 

(c) if he incurs any of the disqualifications mentioned in clauses (b) to (g) of section 97 

after his becoming a member of the Panchayat Samiti; or 

(d) 

if he is absent from three consecutive meetings of the Panchayat Samiti without the 

leave of the Panchayat Samiti 2 * * * * *; or 

(e) 

if he does not pay any arrear in respect of any tax, toll, fee or rate payable under this 

Act or the Bengal Village Self-Government Act, 1919 or the West Bengal Panchayat 

Act, 1957, or the West Bengal Zilla Parishads Act, 1963. 

(2) Any member of a Panchayat Samiti who is removed from his office by the 

prescribed authority under sub-section (1) may, within thirty days from the date of the 

order, appeal to such authority as the State Government may appoint in this behalf, 

and, thereupon, the authority so appointed may stay the operation of the order till the 

disposal of the appeal and may, after giving notice of the appeal to the prescribed 

authority, and after giving the appellant an opportunity of being heard, modify, set 

aside or confirm the order. 


3* * * * * * * * 

94

101. 1 [Subject to the other provisions of this section, a Sabhapati or a Sahakari 

Sabhapati] of a Panchayat Samiti may, at any time, be removed from office 2 [by a 

resolution carried by the majority of the existing members referred to in clause (ii) of 

sub-section (2) of section 94] at a meeting specially convened for the purpose. Notice of 

such meeting shall be given to the prescribed authority: 

Removal of 

Sabhapati and 

Sahakari 

Sabhapati. 

Provided that at any such meeting while any resolution for the removal of the Sabhapati 

from his office is under consideration, the Sabhapati or while any resolution for the 

removal of the Sahakari Sabhapati from his office is under consideration, the Sahakari 

Sabhapati shall not, though he is present, preside, and the provisions of subsection (2) of 

section 105 shall apply in relation to every such meeting as they apply in relation to a 

meeting from which the Sabhapati or, as the case may be, the Sahakari Sabhapati is 

absent: 

'Provided further that no meeting for the removal of the Sabhapati or the Sahakari 

Sabhapati under this section shall be convened within a period of one year from the date 

of election of the Sabhapati or the Sahakari Sabhapati: 

3 Provided also that if, at a meeting convened under this section, either no meeting is held 

or no resolution removing an office bearer is adopted, no other meeting shall be convened 

for the removal of the same office bearer within six months from the date appointed for 

such meeting. 

102. In the event of removal of a Sabhapati or a Sahakari Sabhapati under section 101 or 

when a vacancy occurs in the office of a Sabhapati or a Sahakari Sabhapati by 

resignation, death or otherwise, the Panchayat Samiti shall elect another Sabhapati or 

Sahakari Sabhapati in the prescribed manner. 

103. If the office of a member of a Panchayat Samiti becomes vacant by reason of his 

death, resignation, removal or otherwise, the vacancy shall be filled in the prescribed 

manner. 



office of 

Sabhapati and 

Sahakari 

Sabhapati. 



office of member 

of Panchyat 

Samiti. 

95


of Sabhapati, 

Sahakari 

Sabhapati or 


casual vacancy. 

Meetings of 

Panchyat 

Samiti. 

104. Every Sabhapati or Sahakari Sabhapati elected under section 102 and a person who 

becomes a member under section 103 to fill a casual vacancy shall hold office for the 

unexpired portion of the term of office of the person in whose place he becomes a 

member. 

105. (1) Panchayat Samiti shall hold a meeting 1 [in its office at least once in every 

three months on such date and at such hour as the Panchayat Samiti may fix at the 

immediately preceding meeting:] 

Provided that the first meeting of a newly-constituted Panchayat Samiti shall be held 2 [on 

such date and at such hour and at such place within the local limits of the-Block 

concerned] as the prescribed authority may fix: 

Provided further that the Sabhapati when required in writing by one-fifth of the members 

of the Panchayat Samiti to call a meeting, 3 [shall do so fixing the date and hour of 

meeting 4 (to be held) within fifteen days after giving intimation to the prescribed 

authority and seven days' notice to the members of the Panchayat Samiti}, failing which 

5 [the members aforesaid may call a meeting 6 (to be held) within thirty-five days] after 

giving intimation to the prescribed authority and seven clear days' notice to the Sabhapati 

and the other members of the Panchayat Samiti. Such meeting shall be held 7 [in the 

office of the Panchayat Samiti on such date and at such hour] as the members calling the 

meeting may decide. 8 [The prescribed authority may appoint an observer for such 

meeting who shall submit to the prescribed authority a report in writing duly signed by 

him within a week of the meeting on the proceedings of the meeting. The prescribed 

authority shall, on receipt of the report, take such action thereon as it may deem fit:] 

1 Provided also that for the purpose of convening a meeting under section 101, at least 

one-fifth of the members referred to in clause (ii) of sub-section (2) of section 94 shall 

require the Sabhapati to convene the meeting: 

2 Provided also that if the 'Panchayat Samiti does not fix at any meeting the date and hour 

of the next meeting or if any meeting of the Panchayat Samiti is not held on the date and 

96

hour fixed at the immediately preceding meeting, the Sabhapati shall call a meeting of 

the Panchayat Samiti on such date and at such hour as he thinks fit. 

(2) The Sabhapati or in his absence the Sahakari Sabhapati shall preside at the 

meeting of the Panchayat Samiti and in the absence of both 3 [or on the refusal of any or 

both to preside at a meeting], the members present shall elect one of them to be the 

President of the meeting. 

(3) One-fourth of the total number of members shall form a quorum for a meeting 

of a Panchayat Samiti: 

Provided that no quorum shall be necessary for an adjourned meeting. 

(4) All questions coming before a Panchayat Samiti shall be decided by a 

majority of votes: 

Provided that in case of equality of votes the person presiding shall have a second or 

casting vote: 

4 Provided further that in case of a requisitioned meeting for the removal of a Sabhapati or 

a Sahakari Sabhapati under section 101, the person presiding shall have no second or 

casting vote. 

106. A list of the business to be transacted at every meeting of a Panchayat Samiti, 

except at an adjourned meeting, shall be sent to each member of the Panchayat Samiti in 

the manner prescribed, at feast seven days before the time fixed for such meeting and no 

business shall be brought before or transacted at any meeting, other than the business of 

which notice has been so given except with the approval of the majority of the members 

present at such meeting: 

List of business 

to be transacted 

at a meeting. 

Provided that if the Sabhapati thinks that a situation has arisen for which an emergent 

meeting of the Panchayat Samiti should be called, he may call such meeting after giving 

three days' notice to the members: 

97

Provided further that not more than one matter shall be included in the list of business to 

be transacted at such meeting. 

107. The Panchayat Samiti shall prepare in the prescribed manner a report on the work 

done during the previous year and the work proposed to be done during the following 

year and submit it to the prescribed authority and to the Zilla Parishad concerned within 

the prescribed time. 

Report on 

the work of 

Panchyat 

samiti. 

108. The Block Development Officer shall attend meetings of the Panchayat Samiti and 

shall participate in the deliberations thereof. 

Chapter IX 

Power and duties of Panchyat Samiti 

Power of 

Panchyat 

Samiti. 

109. (1) 

1 [A Panchayat Samiti shall function as a unit of self-government and, in order 

to achieve economic development and secure social justice for all, shall prepare— 

(i) a development plan for the five-year term of the office of the members, and 

(ii) an annual plan for each year by the month of January of the preceding year, in 

furtherance of its objective of development of the community as a whole and socioeconomic 

upliftment of the individual members of the community and, without prejudice 

to the generality of the above provisions, shall have power to-] 

(a) (i) 2 undertake schemes or adopt measures, including the giving of financial assistance, 

relating to the development of agriculture, fisheries, live stock, khadi, cottage and 

small-scale industries, co-operative movement, rural credit, water-supply, irrigation 

and minor irrigation including water management and watershed development, public 

health and sanitation including establishment and maintenance of dispensaries and 

hospitals, communication, primary and secondary education, adult and non-formal 

education, welfare of students, social forestry and farm forestry including fuel and 

fodder, rural electrification including distribution, non-conventional energy sources, 

women and child development, social welfare and other objects of general public 

utility; 

98

(ii) undertake execution of any scheme, performance of any act, or management of 

any institution or organisation entrusted to it by the State Government or any other 

authority; 

(iii) manage or maintain any work of public utility or any institution vested in it or 

under its control and management; 

(iv) make grants in aid of any school, public institution or public welfare organisation 

within the Block; 

(b) make grants to the Zilla Parishad 1 [or Mahakuma Parishad or Council] or Gram 

Panchayat: 

(c) contribute with the approval of the State Government such sum or sums as it may 

decide, towards the cost of water-supply or anti-epidemic measures undertaken by a 

municipality within the Block; 

(d) adopt measures for the relief of distress; 

(e) co-ordinate and integrate the development plans and schemes prepared by Gram 

Panchayats in the Blocks if and when necessary; 

2* * * * * * 

(2) Notwithstanding anything in sub-section (1), a Panchayat Samiti shall not undertake 

or execute any scheme confined to an area over which a Gram Panchayat has 

jurisdiction unless the Gram Panchayat is of opinion that the implementation of such 

a scheme is beyond its competence financially or otherwise and passes a resolution to 

that effect. In the latter case the Panchayat Samiti may execute the scheme itself or 

entrust its execution to the Gram Panchayat. and give such assistance as may be 

required: 

3 Provided that a Panchayat Samiti may undertake or execute any scheme referred to in 

sub-clause (ii) of clause (a) of sub-section (1) confined to an area over which a Gram 

Panchayat has jurisdiction. 

(3) A Panchayat Samiti may undertake or execute any scheme if it extends to more than 

one Gram 

99

State 

Government 

may place other 

property under 

Panchyat 

Samiti. 

110. The State Government may, from time to time, with the consent of a Panchayat 

Samiti, place any road, bridge, ferry, channel, building or other property vested in the 

State Government and situated within the Block under the control and management of the 

Panchayat Samiti subject to such conditions as it may specify: 

Provided that the Stale Government may, after considering the views of the Panchayat 

Samiti, withdraw such control and management to itself subject to such conditions as it 

may specify. 

Power of 

Panchyat Samiti 

to transfer roads 

or properties to 

the State 

Government or 

the Zilla 

Parishad or a 

Gram Panchyat. 

Panchyat 

Samiti may 

take over 

works. 

Power of 

Panchyat 

Samiti to 

divert,discont 

inue or close 

road. 

Vesting 


with certain 

powers. 

111. A Panchayat Samiti may transfer to the State Government or to the Zilla Parishad 

2 [or Mahakuma Parishad or Council] 3 [or to a Gram Panchayat] any road or part of a 

road or any other property, which is under its control or management, or which is vested 

in it, on such terms and conditions as may be agreed upon. 

112. A Panchayat Samiti may take over the maintenance and control of any road, bridge, 

tank, ghat, well, channel or drain, belonging to a private owner or any other authority on 

such terms as may be agreed upon. 

113. A Panchayat Samiti may direct, discontinue or close temporarily any road, which is 

under its control and management or is vested in it, and may, with the approval of the 

State Government, close any such road permanently. 

114. (1) A Panchayat Samiti may be vested by the State Government with such powers 

under any local or special Act as the State Government may think fit. 

(2) A Panchayat Samiti shall perform such functions as may be transferred to it by 

notification under section 31 of the Cattle Trespass Act, 1871. 

(3) A Panchayat Samiti shall exercise such other powers, perform such other functions 

or discharge such other duties as the State Government may, by general or special 

order, direct. 

1 114A. (1) 

2 Without prejudice to the generality of the power under section 1 14 and 

notwithstanding anything contained in sections 23, 24 and 25, the State Government may, 

in the public interest, declare, by notification, its intention to prepare and publish a 

Development Plan in respect of an area within the jurisdiction of a Panchayat Samiti in 

100

accordance with such procedure as may be prescribed or in accordance with the 

provisions of any other law for the time being in force and, upon the issue of such 

notification, no new structure or new building shall be erected or constructed or no 

addition to any structure or building shall be made in such area except with the 

permission granted by the Panchayat Samiti or any authority, person or persons as may 

be empowered by the Panchayat Samiti in this behalf and except in accordance with such 

specifications and conditions as may be prepared and published by the Panchayat Samiti 

or such authority, person or persons, as the case may be. 

(2) Upon the publication of a Development Plan under subsection (1), 3 [the 

provisions of sections 23, 24 and 25] shall cease to be in force in the area referred to in 

sub-section (1). 

(3) The State Government may, by order, direct the Panchayat Samiti to make 

such contribution and grant to one or more Gram Panchayats out of the tolls, rates and 

fees levied by it under section 133 as may be specified in the order. 

(4) The State Government may, by order, authorise any officer to render advice, 

technical or otherwise, to the Panchayat Samiti on the performance of its functions and 

discharge of its duties under this section and, on receipt of such advice, the Panchayat 

Samiti shall give due consideration to such advice in a meeting specially convened for the 

purpose within a period of two months from the date of receipt of such advice. 

(5) Where any new structure or new building is erected or constructed or any 

addition to any structure or building is made in contravention of the provisions of subsection 

(1), the Panchayat Samiti may, after giving the owner of such structure or 

building, as the case may be, an opportunity of being heard, make an order directing the 

demolition of the structure or the building, as the case may be, by the owner within such 

period as may be specified in the order and, in default, the Panchayat Samiti may itself 

effect the demolition and recover the cost thereof from the owner as a public demand. 

(6) Without prejudice to the provisions of sub-section (5), whoever erects any 

new structure or constructs any new building or makes any addition to any structure or 

building in contravention of the provisions of sub-section (.1), shall, on conviction by a 

Court, be punishable with fine not exceeding, in each case, one hundred rupees per 

square meter per month for the area comprising the unauthorised erection or construction 

101

or addition, as the case may be, for the period during which such contravention continues, 

subject to a maximum of two thousand rupees in each such case. 

(7) 1 * * * * * * 

(8) If it appears to the Panchayat Samiti 2 [or the authority, person or persons 

empowered under sub-section (1)] that it is expedient in the interest of the proper 

planning of its areas (including the interest or amenities), having regard to the 

Development Plan prepared, or under preparation, or to be prepared, and to any other 

material consideration,— 

(a) that any use of land should be discontinued, or 

(b) that any conditions should be imposed on the continuance thereto, or 

(c) that any building or works should be altered or removed, 3 [the Panchayat 

Samiti or the authority, person or persons as aforesaid may] by notice served on 

the owner— 

(i) require discontinuance of that use, or 

(ii) impose such conditions as may be specified in the notice 

on the continuance thereof, or 

(iii) require such steps, as may be specified in the notice, to be 

taken for the alteration or removal of any buildings or works, as 

the case may be, within such period, being not less than one 

month, as may be specified therein, after the service of the notice. 

(9) Any person aggrieved by any such notice may, within the period specified in 

the notice, apply to the authority for the cancellation or modification of the notice. 

(10) If an application is filed under sub-section (9), the authority or any officer 

of the authority, appointed in this behalf, may dismiss the application or accept it by 

quashing or varying the notice as he may think fit. 

(11) If any person— 

(a) who has suffered damage in consequence of the compliance with the notice, 

by the depreciation of any interest in the land to which he is entitled or by being 

disturbed in his enjoyment of the land, or 

(b) who has carried out any work in compliance of the notice, claims from the 

Panchayat Samiti 1 [or the authority, person or persons empowered under sub- 

102

section (1)] within the time and in the manner prescribed, for an amount in respect 

of that damage or of any expenses reasonably incurred by him for complying with 

the notice, the claim shall be disposed of by the Panchayat Samiti 1 [or the 

authority, person or persons empowered under sub-section (1)] in the manner as 

prescribed. 

(12) After publication of Development Plan under sub-section (1) and subject 

to the provisions relating to the development charge and other provisions under this 

section, no development, institution or change of use of any land shall be undertaken or 

carried out in that area without obtaining a certificate from the Panchayat Samiti or its 

authorised officer certifying that the development charge as leviable under this section 

has been paid or that no such development charge is leviable: 

Provided that the State Government may, by notification, exempt any development, 

institution or change of use of any land from the operation of the provisions of this subsection. 

(13) Any person or body (excluding a department of the Central or the State 

Government or any local authority) intending to carry any development on any land shall 

make an application in writing to the Panchayat Samiti or an officer authorised by it for 

permission in such form and containing such particulars and accompanied by such 

documents and plans as may be prescribed. 

(14) On such application having been duly made and on payment of the 

development charge as may be assessed, the Panchayat Samiti or the authorised officer 

may pass an order,— 

(i) granting permission unconditionally; or 

(ii) granting permission, subject to such conditions as it may think fit; or 

(iii) refusing permission: 

Provided that without prejudice to the generality of clauses (i) to (iii) of this sub-section, 

the concerned authority may impose conditions— 

(i) to the effect that the permission granted is only for a limited period and 

that after the expiry of that period, the land shall be restored to its 

previous, condition or the use of the land permitted shall be discontinued; 

103

(ii) for regulating the development or use of any other land under the 

control of the applicant or for the carrying out of works on any such .land 

as may appear to the authority expedient for the purpose of the permitted 

development: 

Provided further that the concerned authority in dealing with the applications for 

permission shall have regard to the provisions of the Development Plan prepared, under 

preparation or to be prepared and any other material consideration: 

Provided also that when permission is granted subject to conditions or is refused, the 

grounds of imposing such conditions or such refusal shall be recorded in the order and 

the order shall be communicated to the applicant: 

Provided also that in the case of a department of the Central or the State 

Government or any local authority intending to carry out any development, other than 

operational construction (which shall always be outside the purview of the Panchayat 

Samiti), on any land, the concerned department or authority, as the case may be, shall 

notify in writing to the Panchayat Samiti of its intention to do so, giving full particulars 

thereof and accompanied by such documents and plans as may be directed by the State 

Government from time to time, at least, one month prior to the undertaking of such 

development. 

(15) In accordance with the provisions of this section and the rules made 

thereunder and subject to such conditions 1 [as may be laid down by the Panchayat Samiti 

or the authority, person or persons empowered under sub-section (1)], a Panchayat Samiti 

shall levy a charge (hereinafter called the development charge) on the carrying out of any 

development or change of use of land, for which permission is required under this 

section, in the whole or any part of the area covered by the notification under sub-section 

(1) at a rate not exceeding those specified in the rules in this behalf by the State 

Government: 

Provided that the rates may be different for different parts of the area under notification 

under sub-section (1): 

Provided further that the charge shall be leviable on any person who undertakes or carries 

out such development or changes any such use: 

104

Provided also that no development charge shall be levied on development, or change of 

use, of any land vested in or under the control or possession of the Central Government, 

the State Government or any local authority: 

Provided also that the State Government may, by rules, provide for the exemption from 

the levy of development charge of any development or change of any use of any land 

specified in the rules. 

(16) Where the erection of any building or the execution of any work has been 

commenced, or is being carried on, or has been completed without or contrary to the 

permission under sub-section (1) or in contravention of any other provisions of this 

section or the rules made thereunder, the Panchayat Samiti, or any officer authorised in 

this behalf by the Panchayat Samiti, may, in addition to any other action that may be 

taken under this section, make an order directing that such erection or work shall be 

demolished by the person at whose instance the erection or the work has been 

commenced or is being carried on or has been completed within such period, not being 

less than five days and more than fifteen days from the date on which a copy of the order 

of demolition with a brief statement of the reasons therefor has been delivered to such 

person, as may be specified in the order: 

Provided that no order of demolition shall be made unless such person has been given, by 

means of a notice served in such manner as may be prescribed, a reasonable opportunity 

of showing cause why such order shall not be made: 

Provided further that where the erection or the execution has not been completed, the 

Panchayat Samiti or the authorised officer may by the same order or by a separate order, 

whether made at the time of issue of the notice under the first proviso or at any other 

lime, direct such person to stop the erection or the execution until the expiry of the period 

within which an appeal against the order of demolition, if made, may be preferred: 

Provided also that any person aggrieved by such order of the Panchayat Samiti or its 

authorised officer may, within thirty days from the date of the order, prefer and appeal 

against the order to the Sub-divisional Officer having jurisdiction and when an appeal is 

preferred, the said Sub-divisional Officer may stay the enforcement of the order on such 

term as he may think fit: 

105

Provided also that every order made by the Sub-divisional Officer on an appeal and, 

subject to such order, the order made by the Panchayat Samiti or its authorised officer 

shall be final and conclusive: 

Provided also that where no appeal has been preferred against an order made by the 

Panchayat Samiti or its authorised officer or where an order has been confirmed on 

appeal, whether with or without modification, the person against whom the order has 

been made shall comply with the order within the period specified therein or, as the case 

may be, within the period, if any, fixed by the Sub-divisional Officer on appeal, and on 

the failure of such person to comply with the order within such period, the Panchayat 

Samiti or its authorised officer may itself or himself cause the building or the work to 

which the order relates to be demolished and the expenses for such demolition shall be 

recoverable from such person as a public demand. 

(17) The Panchayat Samiti or its authorised officer may, at any time before 

the issue of the order under sub-section (16), by order, require the person at whose 

instance the building or the work has been commenced or is being carried on to stop the 

same forthwith. 

(18) The Panchayat Samiti or its authorised officer may, at any time during 

the erection of any building or the execution of any work or at any time within three 

months after the completion thereof, by a written notice, specify any matter in respect of 

which such erection or execution is without or contrary to this section or is in 

contravention of any of the provisions of this section or the rules made thereunder and 

require the person at whose instance the building or the work has been commenced or is 

being carried on or the owner of such building or work either— 

(a) to make such alterations as may be specified by the Panchayat Samiti or its 

authorised officer in the notice with the object of bringing the building or the 

work in conformity with such sanction or such provisions of this section or the 

rules made thereunder, or 

(b) to show cause, within such period as may be stated in the notice, why such 

alterations should not be made: 

Provided that if such person or such owner does not show any cause as aforesaid, 

he shall be bound to make the alteration specified in the notice: 

106

Provided further that if such person or such owner shows the cause as aforesaid, 

the Panchayat Samiti or its authorised officer shall, by an order, either cancel the 

notice issued or confirm the same subject to such modifications as he thinks fit. 

115. (1) A Panchayat Samiti shall exercise general powers of supervision over Gram 

Panchayats in the Block and it shall be the duty of these authorities to give effect to the 

directions of the Panchayat Samiti. 2 * * * * 

(2) 3 A Panchayat Samiti may— 

(a) inspect, or cause to be inspected, any immovable property used or occupied by Gram 

Panchayat within the Block or any work in progress under the direction of a Gram 

Panchayat, 

(b) inspect or examine, or depute an officer to inspect or examine, any department of a 

Gram Panchayat, or any service, work or thing under the control of the Gram 

Panchayat, 

(c) inspect or cause to be inspected utilisation of funds in respect of schemes or 

programmes assigned to the Gram Panchayats by the State Government for execution 

either directly or through the Zilla Parishad 4 [or the Mahakuma Parishad or Council] 

or the Panchayat Samiti, 

(d) require a Gram Panchayat, for the purpose of inspection or examination,— 

(i) to produce any book, record, correspondence or other documents, or 

(ii) to furnish any return, plan, estimate, statement of accounts or statistics, or 

(iii) to furnish or obtain any report or information. 

1 115A. (1) Every Panchayat Samiti shall have a Block Sansad consisting of all members 

of the Gram Panchayats pertaining to the Block and all members of that Panchayat 

Samiti. 

(2) Every Panchayat Samiti shall hold an annual and a half-yearly meeting of such Block 

Sansad at such lime and place and in such manner, as may be prescribed. 

(3) One-tenth of the total number of members shall form a quorum for a meeting of 

Block Sansad: Provided that if no quorum is available for such meeting, the meeting 

shall be adjourned to be held at the same lime and place on the seventh day from the 

date of such meeting in the manner as may be prescribed. 

Power of 

supervision by 


over the Gram 

Panchyat,etc. 

Block Sansad 

and its 

constitution. 

107

(4) A meeting of the Block Sansad shall be presided over by the Sabhapati and in his 

absence by the Sahakari Sabhapati of the Panchayat Samiti. 

(5) The Block Sansad shall guide and advise the Panchayat Samiti for all matters 

relating to development including preparation of annual plan and budget, 

implementation of development programmes, schemes, or projects and for 

undertaking such activities for economic development and for ensuring social justice 

as are undertaken or proposed to he undertaken by the Panchayat Samiti: 

Provided that for such guidance and advice, any member of the Block Sansad 

on receipt of the notice for any such meeting, may demand in writing to the 

Executive Officer for placement of any document such as last report on 

inspection of accounts of the funds of the Panchayat Samiti by the Audit team, 

budget, Annual Action Plan and on receipt of such demand the Executive 

Officer with the consent of the Sabhapati, shall place such documents in the 

meeting for deliberation: 

Provided further that the deliberations, recommendation and observations 

passed in the meeting of the Block Sansad, shall be considered in the meeting 

of the Panchayat Samiti as soon as possible within one month from the date of 

the meeting of the Block Sansad and the decision of the Panchayat Samiti 

along with the action taken report shall be placed in the next meeting of the 

Block Sansad. 

Power of 

prohibit certain 

offensive and 

dangerous 

trades without 

licence and to 

levy fee. 

116. (1) No place within a Block shall 1 [on conviction by a Magistrate,] be used for any 

trade or business declared by the State Government, by notification, to be offensive or 

dangerous, without a license, which shall be renewable annually, granted by the 

Panchayat Samiti, subject to such terms and conditions as the Panchayat Samiti may 

think fit to impose. 

(2) The Panchayat Samiti may levy in respect of any license granted by it under subsection 

(1) a fee subject to the maximum rate prescribed by the State Government 

under sub-section (1) of section 133. 

108

(3) Whoever uses without a license any place for the purpose of any trade or business 

declared under sub-section (1) to be offensive or dangerous, or fails to comply with 

any condition in respect of such license, shall be punished with a fine, which may 

extend to one hundred rupees, and to a further fine, which may extend to twenty-five 

rupees for each day after conviction during which he continues to do so. 

(4) The Panchayat Samiti may, upon the conviction of any person for failure to comply 

with any condition of a license granted under subsection (1), suspend or cancel the 

license granted in favour of such person. 

117. A Panchayat Samiti may require the owner or the lessee of a hat or market or an 

owner or a lessee of land intending to establish a hat or market thereon, to obtain a 

license in this behalf from the Panchayat Samiti on such terms and conditions as may be 

prescribed and subject to the provisions of section 133, on payment of a fee for such 

license. 

Power of 


to grant licence 

for hat or 

market. 

118. (1) The Sabhapati shall— 

(a) be responsible for maintenance of the records of the Panchayat Samiti; 

(b) have general responsibility for the financial and executive administration of the 

Panchayat Samiti: 

(c) exercise administrative supervision and control over the work of the staff of the 

Panchayat Samiti and the officers and employees whose services may be placed at 

the disposal of the Panchayat Samiti by the State Government; 

(d) for the transaction of business connected with this Act or for the purpose of making 

any order authorised thereby, exercise such powers, perform such functions and 

discharge such duties as may be exercised, performed or discharged by the Panchayat 

Samiti under this Act or the rules made thereunder: 

Powers,function 

s and duties of 

Sabhapati and 

Sahakari 

Sabhapati. 

Provided that the Sabhapati shall not exercise such powers, perform such 

functions or discharge such duties as may be required by the rules made 

under this Act to be exercised, performed or discharged by the Panchayat 

Samiti at a meeting; 

109

(e) 

exercise such other powers, perform such other functions and discharge such other 

duties as the Panchayat Samiti may, by general or special resolution, direct or as the 

State Government may by rules made in this behalf, prescribe. 

1 Explanation.—For the purpose of discharge of responsibility and 

exercise of administrative supervision and control, the Sabhapati shall 

rely on the Executive Officer referred to in section 119 and shall 

generally act through him. 

(2) the Sahakari Sabhapati shall— 

(a) 

exercise such of the powers, perform such of the functions and discharge such of the 

duties of the Sabhapati as the Sabhapati may, from time to time, subject to rules 

made in this behalf by the State Government, delegate to him by order in writing: 

Provided that the Sabhapati, may al any time withdraw the powers and 

functions delegated to the Sahakari Sabhapati: 

(b) 

during the absence of the Sabhapati, exercise all the powers, perform all the 

functions and discharge all the duties of the Sabhapati; 

(c) 

2 exercise such other powers, perform such other functions and discharge such other 

duties as the Panchayat Samiti may, by general or special resolution, direct or as the 

State Government may, by rules made in this behalf, prescribe. 

Staff of the 

Panchyat 

Samiti. 

119. (1) There shall be an Executive Officer for every Panchayat Samiti and the Block 

Development Officer shall be the ex officio Executive Officer: Provided that such Block 

Development Officer shall be recalled by the State Government if a resolution to that 

effect is passed by the Panchayat Samiti, at a meeting specially convened for the purpose, 

by a majority of the total number of members holding office for the lime being. 

(1A) 1 There shall be a Joint Executive Officer for every Panchayat Samiti and 

the Joint Block Development Officer of the Block shall be the ex officio 

Joint Executive Officer. 

110

(1B) 

1 There shall be a Secretary for every Panchayat Samiti and the 

Extension Officer, Panchayats shall be the ex officio Secretary. 

(2) 

2 [Subject to such rules as may be made by the Stale Government, a Panchayat 

Samiti] may appoint such other officers and employees as may be required by it and 

may fix the salaries to be paid to the persons so appointed: Provided mat no post 

shall be created or abolished and no revision of the scale of pay of any post shall be 

made by the Panchayat Samiti without the prior approval of the State Government: 

3 Provided further that subject to the decision of the Panchayat Samiti, the 

orders relating to appointment and other service matters concerning any post 

under the Panchayat Samiti 4 [shall be signed by, and be issued by or on behalf 

of, the Executive Officer.] 

(3) 

5 The State Government shall make rules relating to the method of recruitment and 

the terms and conditions of service including the pay and allowances, 

superannuation, provident fund and gratuity of the employees of the Panchayat 

Samiti. 

120. The State Government may place at the disposal of the Panchayat Samiti the 

services of such officers or other employees serving under it 1 [and on such terms and 

conditions] as it may think fit: Provided that any such officer or employee shall be 

recalled by the Slate Government if a resolution to that effect is passed by the Panchayat 

Samiti, at a meeting specially convened for the purpose, by a majority of the total number 

of members holding office for the time being: Provided further that the State Government 

shall have disciplinary control over such officers and employees. 

121. (1) The Executive Officer shall exercise general control over all officers and 

employees of the Panchayat Samiti. 

(2) The Executive Officer may award any punishment other than dismissal, removal or 

reduction in rank to an officer or employee 2 [of a Panchayat Samiti]. 

Placing the 

services of the 

State 

Government 

officersat the 

disposal of the 

Panchyat 

Samiti. 

Control and 

punishment of 

the stajj of the 

Panchyat 

Samiti. 

111

(3) The Executive Officer may recommend the dismissal, removal or reduction in rank of 

an officer or employee 3 [of a Panchayat Samiti] to the 4 [Artha, Sanstha, Unnayan O 

Parikalpana] Sthayee Samiti and such Samiti shall forward the case to the Panchayat 

Samiti with its own recommendation. The Panchayat Samiti may, if it is satisfied 

with such recommendation of the 4 (Artha, Sanstha, Unnayan O Parikalpana] Sthayee 

Samiti, dismiss, remove or reduce in rank and such officer or employee. 

(4) No officer or other employee 5 lof a Panchayat Samiti] shall be punished by the 

Panchayat Samiti except by a resolution of the Panchayat Samiti passed at a meeting. 

Appeal. 

122. (1) An appeal shall lie to the Panchayat Samiti against an order of punishment 

awarded by the Executive Officer under sub-section (2) of section 121 within one month 

from the date of that order. 

(2) An appeal shall lie to the Divisional Commissioner against an order of punishment 

awarded by the Panchayat Samiti under sub-section (3) or (4) of section 121 within 

one month from the dale of that order. 

Exercise of 

powers,etc.,by 

the officers and 

employees. 

Sthayee Samiti. 

133. Subject to the provisions of (his Act, the rules framed thereunder and to any general 

or special directions given by (he Slate Government in that behalf the officers and other 

employees employed by the Panchayat Samiti and the officers and other employees 

whose services have been placed at the disposal of the Panchayat Samiti shall exercise 

such powers, perform such functions and discharge such duties as the Panchayat Samiti 

may dete 

124. (1) A Panchayat Samiti shall have the following Sthayee Samitis. namely:— 

(i) 1 [Artha, Sanstha, Unnayan O Parikalpana] Sthayee Samiti. 

(ii) Janasasthya 2 [O Paribesh] Sthayee Samiti. 

(iii) Purta Karya 3 [O Paribahan] Sthayee Samiti, 

(iv) Krishi Sech O -Samabaya Sthayee Samiti, 

(v) 4 [Shiksha, Sanskriti, Tathya O Krira] Sthayee Samiti, 

(vi) 5 [Sishu O Nari Unnayan, Janakalyan O Tran] Sthayee Samiti, 

(via) 6 Ban O Bhumi Sanskar Sthayee Samiti, 

112

(vib) 6 Matsya O Prani Sampad Bikash Sthayee Samiti, 

(vic) 6 Khadya 0 Sarbaraha Sthayee Samiti, 

6 (vid) 7 [Khudra Shilpa, Bidyut O Achiracharit Shakti\ Sthayee Samiti, 

(vii) Such other Sthayee Samiti or Samitis as the Panchayat Samiti may, subject to the 

approval of the State Government constitute. 

(2) A Sthayee Samiti shall consist of the following members, namely:— 

(a) the Sabhapati 1 [and Sahakari Sabhapati] of the Panchayat Samiti, ex officio: 

(b) 

2 [Without prejudice to the provisions in clause (ba)] not less than three and not more 

than five persons to be elected in the prescribed manner by the members of the 

Panchayat Samiti from among themselves; 

3 (ba) the Karmadhyakshas elected in other Sthayee Samitis as referred to in section 125 

shall be ex officio members of the Artha, Sanstha, Unnayan O Parikalpana Sthayee 

Samiti referred to in sub-section (1) and no member shall be elected in the manner 

referred to in clause (b); 

3 (bb) leader of the recognized political party in opposition having largest number of 

members in the Panchayat Samiti in comparison with other recognized political parties in 

opposition shall be a member of the Art ha, Sanstha, Unnayan O Parikalpana Sthayee 

Samiti; 

3 (bc) one member from each recognized political party in opposition shall be selected 

to be a member of each of the Sthayee Samitis other than 4 [the Artha, Sanstha, Unnayan 

O Parikalpana Sthayee Samiti, if no member in opposition is elected in a Sthayee Samiti 

referred to in clause (b):] 

Provided that the members selected from the recognized political party having larger 

number of members in the Panchayat Samiti shall be the member of Sthayee Samiti 

placed higher in the consecutive order in sub-section (1): 

Provided further that if the number of recognised 5 [political] parties in opposition is less 

than the number of Sthayee Samitis, the independent candidates in opposition in 

Panchayat Samiti shall be members of the Sthayee Samitis for which no member of the 

recognized political parties are available and the member senior in age shall be placed as 

member in the Sthayee Samiti placed higher in the order of sub-section (1): 

113

Provided also that if the number of recognized political parties added with number of 

independent members falls short of the number of Sthayee Samitis, one additional 

member from each such political party in opposition in Panchayat Samiti, shall be chosen 

for membership in the Sthayee Samitis where no member in terms of this clause has been 

provided and the same sequential order shall be followed for placement of a member in a 

Sthayee Samiti and such process shall be repeated until all Sthayee Samitis have one 

member under this clause: 

Provided also that a member in opposition may be a member of more than three Sthayee 

Samitis if in a term of general election, not more than three members in opposition are 

elected in the Panchayat Samiti: 

Provided also that the members of the recognized political party shall jointly decide and 

intimate the Executive Officer of the Panchayat Samiti by a letter under signature of all 

such members, the name of the member or members, as the case may be, who shall 

represent the party as member or members of the Sthayee Samiti and in case of an 

independent member the Executive Officer shall determine the membership in each 

Sthayee Samiti: 

Provided also that the Executive Officer shall place the entire matter of membership 

under this clause in a meeting of the Panchayat Samiti as early as possible in the next 

meeting. 

1 Explanation—For the purpose of this clause, a member of the Panchayat Samiti shall be 

considered a member in opposition if in the election of the Sabhapati under section 98, he 

did not cast his vote in favour of the winning candidate or has abstained himself from 

casting his vote in the said election; 

(c) 

2 such number of persons being officers of the State Government or of any statutory 

body or corporation or being eminent persons having specialised knowledge as the State 

Government may think fit, appointed by the State Government: 

Provided that such officers shall not be eligible for election as Karmadhyaksha of the 

Sthayee Samiti and shall not have any right to vote. 

(1) No person, oilier than the Sabhapati or the Sahakari Sabhapati, shall be a member of 

more than three Sthayee Samitis other than the Artha, Sanstha, Unnayan O 

Parikalpana Sthayee Samiti. 

114

(2) An elected member of a Sthayee Samiti shall hold office for a period of 2 [five years] 

or for so long as he continues to be a member of the Panchayat Samiti, whichever is 

earlier. 

(3) The meeting of the Sthayee Samiti shall be held 3 [in the office of the Panchayat 

Samiti} at such time and in such manner as may be prescribed. 

(4) A Sthayee Samiti shall exercise such powers, perform such functions and discharge 

such duties as may be prescribed or as may be assigned to it by the Panchayat Samiti. 

(5) The State Government may make rules providing for the removal of members of a 

Sthayee Samiti including the Karmadhyaksha and for filling up of a casual vacancy. 

125. (1) The members of a. Sthayee Samiti shall elect, in such manner as may be 

prescribed, a Chairman, to be called Karmadhyaksha, from among themselves: 

Provided that the Sabhapati of the Panchayat Samiti shall be the ex officio 

Karmadhyaksha of the 4 [Artha, Sanstha, Unnayan O Parikalpana] Sthayee 

Samiti: 

Provided further that the members referred to in 5 [clauses (i) and (iii)] of subsection 

(2) of section 94 shall not be eligible for such election. 

6 * * * * * * 

Karmadhyaksha 

and Secretary. 

1 (3) 

(a) 

(b) 

The Extension Officer, Panchayats shall act as the Secretary to the 2 [Artha, Sanstha, 

Unnayan O Parikalpana] Sthayee Samiti. 

3 The members referred to in clauses 4 [(a), (b), (ba), (bb) and (bc)] of sub-section (2) 

of section 124 of a Sthayee Samiti, other than the Artha, Sanstha, Unnayan O 

Parikalpana Sthayee Samiti, shall select, in such manner 5 [as may be determined by 

the Sthayee Samiti in conformity with such direction as may be issued by one or more 

orders, general or special, of the Slate Government], one of the members referred to 

in clause (c) of that sub-section to act as the Secretary to such Sthayee Samiti: 

6 Provided that pending the selection of Secretary to a Sthayee Samiti under 

this clause or during the casual vacancy, if any, in the post of Secretary to a 

Sthayee Samiti, the Secretary of the Panchayat Samiti shall act as the 

Secretary to such Sthayee Samiti. 

115

(c) 

(a) 

(b) 

(c) 

(d) 

3 The Secretary to each Sthayee Samiti shall, in consultation with the Karmadhyaksha, 

convene the meetings of that Sthayee Samiti. 

7 (4) Notwithstanding anything contained in section 118 or elsewhere in this 

Act, the Karmadhyaksha shall— 

be responsible for the financial and executive administration in respect of the 

schemes and programmes 8 (under the purview and control of the Sthayee Samiti 

within the budgetary provisions of the Panchayat Samiti;] 

be entitled, in respect of the work of the Sthayee Samiti, to call for any information, 

return, statement, account or report from the office of the Panchayat Samiti and to 

enter on and inspect any immovable properly of the Panchayat Samiti or to inspect 

any work in progress and connected with the functions and duties of the Sthayee 

Samiti; 

be entitled, when authorised by the Sthayee Samiti, to require the attendance at its 

meeting of any officer of the Panchayat Samiti; 

exercise such other powers, perform such other functions and discharge such other 

duties, as the Panchayat Samiti may, by general or special resolution, direct or as the 


Resigtnation. 

126. The Karmadhyaksha or any other member of a Sthayee Samiti may resign his office 

by giving notice in writing to the Sabhapati and on such resignation being accepted by 

the Panchayat Samiti the Karmadhyaksha or such member shall be deemed to have 

vacated his office. 

Casual vacancy. 

127. When a vacancy occurs in the office of a Karmadhyaksha or a member of a Sthayee 

Samiti by resignation, death or otherwise, the members of the Sthayee Samiti shall elect 

another Karmadhyaksha or 1 [the members of the Panchayat Samiti shall elect another] 

member, as the case may be, in the prescribed manner. The Karmadhyaksha or the 

member so elected shall hold office for the unexpired portion of the term of office of the 

person in whose place he becomes a member. 

116

2 CHAPTER XIA 

Samanway Samiti of office bearers and Karmadhyakshas 

127A. [(Samanway Samiti.)—Omitted by s. 10 of the West Bengal Panchayat 

(Amendment) Act, 2003 (West Ben. Act VIII of 2003.] 

128. A Panchayat Samiti shall have the power to acquire, hold and dispose of property 

and to enter into contracts: 

Provided that in all cases of acquisition or disposal of immovable property the Panchayat 

Samiti shall obtain the previous approval of the State Government. 

129. All roads, buildings or other works constructed by a Panchayat Samiti with its own 

funds shall vest in it. 

130. The State Government may allocate to a Panchayat Samiti any public property 

situated within its jurisdiction, and thereupon such property shall vest in and come under 

the control of the Panchayat Samiti. 

131. Where a Panchayat Samiti requires land to carry out any of the purposes of this 

Act, it may negotiate with the person or persons having interest in the said land, and if it 

fails to reach an agreement, it may make an application to the Collector for the 

acquisition of the land, who may, if he is satisfied that the land is required for a public 

purpose, take steps to acquire the land under the provisions of the Land Acquisition Act, 

1894 and such land shall, on acquisition, vest in the Panchayat Samiti. 

132. (1) For every Panchayat Samiti there shall be constituted a Panchayat Samiti Fund 

bearing the name of the Panchayat Samiti and there shall be placed to the credit 

thereof— 

Power to aquire, 

hold and 

dispose of 

property. 

Works 

constructted by 

a Panchyat 

Samiti to vest in 

it. 

Allocation of 

properties to 


Samiti. 


land for 


Samiti. 


Samiti Fund. 

(a) 

contribution and grants, if any, made by the Central or the State Government 

including such part of the land revenue collected in the State as may be determined by 

the State Government; 

117

(b) 

contributions and grants, if any, made by the Zilla Parishad 1 [or the Mahakuma 

Parishad or the Council] or any other local authority; 

(c) 

loans, if any, granted by the Central or the State Government or raised by the 

Panchayat Samiti on Security of its assets; 

(d) all receipts on account of tolls, rates and fees levied by it; 

(e) all receipts in respect of any schools, hospitals, dispensaries, buildings, institutions or 

works, vested in, constructed by or placed under the control and management of the 

Panchayat Samiti; 

(f) 

all sums received as gift or contributions and all income from any trust or 

endowment make in favour of the Panchayat Samiti; 

(g) such fines or penalties imposed and realised under the provisions of this Act or of the 

bye-laws made thereunder, as may be prescribed; and 

(h) all other sums received by or on behalf of the Panchayat Sam ill. 

1 Explanation— A Panchayat Sam in shall riot receive to the credit of its fund— 

(a) 

any loan from any individual, severally or jointly, or any member or office bearer of 

the Panchayat Samiti, or 

(b) any gift or contribution from any individual, severally or jointly, or any member or 

officer bearer of the Panchayat Samiti save and except in pursuance of a resolution 

adopted in a meeting of the Panchayat Samiti accepting such gift or contribution and 

stating the purpose for which such gift or contribution is offered and accepted. 

(2) Every Panchayat Samiti shall set apart and apply annually such sum as may be 

required to meet the cost of its own administration including the payment of salary, 

allowances, provident fund and gratuity to the officers and employees. 

118

(3) Every Panchayat Samiti shall have power to spend such sums as it thinks fit for 

carrying out the purposes of this Act. 

(4) The Panchayat Samiti Fund shall be vested in the Panchayat Samiti and the balance 

to the credit of the Fund shall be kept in such custody as the State Government may, 

from time to time, direct. 

Subject to such general control as the Panchayat Samiti may exercise from time to time, 

all orders and cheques for payments from the Panchayat Samiti Fund 2 lshall be signed by 

the Executive Officer, or if authorized by the Executive Officer, by the Joint Executive 

Officer, subject to such order as may be issued by the State Government in this behalf.] 

133. (1) Subject to such maximum rates as the State Government may prescribe, a 

Panchayat Samiti may— 

(a) levy tolls on persons, vehicles or animals or any class of them at any toll-bar 

established by it on any road other than a Kutcha road or any bridge vested in 

it or under its management, 

(b) levy tolls in respect of any ferry established by it or under its management, 

(c) levy the following fees and rates, namely:— 

(i) fees on the registration of vehicles; 

(ii) a fee for providing sanitary arrangements at such places of worship 

or pilgrimage, fairs and melas within its jurisdiction as may be specified 

by the State Government by notification; 

(iii) a fees for license referred to in sub-section (2) of section 116; 

(iv) a fee for license for a hat or market referred to in section 117; 

(v) a water rate, where arrangement for the supply of water for drinking, 

irrigation or any other purpose is made by the Panchayat Samiti within 

its jurisdiction; 

(vi) a lighting rate, where arrangement for lighting of public streets and 

places is made by the Panchayat Samiti within its jurisdiction. 

(2) The Panchayat Samiti shall not undertake registration of a vehicle or levy fee 


Levy of tolls, 

rates and fees. 

119

pilgrimage, fairs and melas within its jurisdiction or levy fee therefor if any such 

vehicle has already been registered by any other authority under any law for the time 

being in force or if such provision for sanitary arrangement has already been made by 

any other local authority. 

Scales of 

tolls,etc.,to be 

provided by 

bye-laws. 


Samiti. 

134. (1) The scales of tolls, fees or rates and the terms and conditions for the imposition 

thereof shall be such as may be provided by bye-laws. 

(2) Such bye-laws may provide for exemption from all or any of the tolls, fees or rates in 

any class of cases. 

135. A Panchayat Samiti may subject to the provisions of any law relating to the raising 

of loans by local authorities for the time being in force, raise from time to time, with the 

approval of the State Government, loans for the purposes of this Act and create a sinking 

fund for the repayment of such loans. 

1 135A. Notwithstanding anything contained in section 135, a Panchayat Samiti may 

borrow money from the State Government or 2 * * * * from banks or other 

financial institutions, for furtherance of its objective on the, basis of specific 

schemes as may be drawn up by the Panchayat Samiti for the purpose. 

Budget of the 


Samiti. 

136. (1) Every Panchayat Samiti shall, at such time and in such manner as may be 

prescribed, prepare in each year a budget of its estimated receipts and disbursements for 

the following year 3 * * * * 

4 (2) 

(a) 

(b) 

The budget prepared under sub-section (1) shall be written in English and in 

vernacular of the district or the locality concerned and copies of the budget in both 

the languages shall be pasted in such prominent places within the Block as may be 

prescribed, inviting objections and suggestions from the electors of the Panchayat 

Samiti. 

Copies of the budget shall be forwarded to the Zilla Parishad or the Mahakuma 

Parishad or the Council, as the case may be, having jurisdiction over the area of the 

Block for views, if any. 

120

(c) The Panchayat Samiti shall, within such time as may be prescribed and in a meeting 

specially convened for the purpose and in the presence of at least half of the existing 

members, consider the objections, suggestions and views, if any, and approve the 

budget with modifications, if any. 

(d) A copy of the budget approved under clause (c) shall be forwarded to the Zilla 

Parishad or the Mahakuma Parishad or the Council, as the case may be, having 

jurisdiction. 

(2) The Zilla Parishad may, within such time as may be prescribed, either approve the 

budget or return it to the Panchayat Samiti, for such modifications as it may direct. 

On such modifications being made, the budget shall be resubmitted within such time 

as may be prescribed for approval of the Zilla Parishad. If the approval of the Zilla 

Parishad is not received by the Panchayat Samiti by the last date of the year, the 

budget shall be deemed to be approved by the Zilla Parishad. 

137. No expenditure shall be incurred unless the budget is approved 1 [under clause (c) of 

sub-section (2) of section 136.] 

138. (1) 

2 The Panchayat Samiti may prepare in each year a supplementary estimate 

providing for any modification of its budget and 2 [may approve if in a meeting specially 

convened for the purpose and in the presence of at least half of the existing members] for 

approval within such time and in such manner as may be prescribed. 

Expenditure. 

Supplementary 

budget. 

(2) 

3 A copy of the supplementary estimate as approved under subsection (1) shall 

be forwarded to the Zilla Parishad or the Mahakuma Parishad or the Council, as the 

case may be, having jurisdiction. 

139. A Panchayat Samiti shall keep such accounts and in such form as may be 

prescribed. 

Accounts. 

140. (1) For every district 1 [, except the district of Darjeeling] the State Government 

shall constitute a Zilla Parishad bearing the name of the district. 

(2) The Zilla Parishad shall consist of the following members, namely:— 

(i) Sabhapatis of the Panchayat Samitis within the district, ex officio; 

Zilla Parishad 

and its 

constitution. 

121

(ii) 2 [(such number of persons, not exceeding three, as may be prescribed on the 

basis of the number of voters in the area from each Block within the district, the Block 

being divided 3 {by the prescribed authority} for the purpose into constituencies in the 

prescribed manner, elected by secret ballot at such time and in such manner as may be 

prescribed from amongst the persons whose names are included in the electoral roll, 

pertaining to any Block within the district, prepared in accordance with such rules as may 

be made in this behalf by the State Government and in force on such date as the State 

Election Commissioner may declare for the purpose of an election,) by persons whose 

names are included in such electoral roll pertaining to the constituency comprised in such 

Block:] 

1 Provided that seats shall be reserved for the Scheduled Castes and the Scheduled Tribes 

in a Zilla Parishad and the number of seats so reserved shall bear, as nearly as may be 

and in the manner and in accordance with such rules as may be made in this behalf by the 

State Government, the same proportions to the total number of seats in that Zilla 

Parishad to be filled up by election as the population of the Scheduled Castes in that Zilla 

Parishad area, or of the Scheduled Tribes in that Zilla Parishad area, as the case may be, 

bears to the total population of that Zilla Parishad area and such seats shall be subject to 

allocation by rotation, in the manner prescribed, to such different constituencies having 

Scheduled Castes or Scheduled Tribes population which bears with the total population in 

that constituency not less than half of the proportion that the total Scheduled Castes 

population or the Scheduled Tribes population in that Zilla Parishad area, as the case 

may be, bears with the total population in that Zilla Parishad area: 

1 Provided further that not less than one-third of the total number of seats reserved for the 

Scheduled Castes and the Scheduled Tribes shall be reserved for women belonging to the 

Scheduled Castes or the Scheduled Tribes, as the case may be: 

1 Provided also that not less than one-third of the total number of seats, including the seats 

reserved for the Scheduled Castes and the Scheduled Tribes, in a Zilla Parishad shall be 

reserved for women, and the constituencies for the seats so reserved for women shall be 

determined by rotation, in such manner as may be prescribed: 

1 Provided also that notwithstanding anything contained in the foregoing provisions of this 

sub-section 2 * * * * *, when the number of members to be elected to a Zilla Parishad is 

122

determined, or when seats are reserved for the Scheduled Castes and the Scheduled 

Tribes in a Zilla Parishad, in the manner as aforesaid, the number of members so 

determined or the number of seats so reserved shall not be varied for three successive 

general elections: 

1 Provided also that no member of the Scheduled Castes or the Scheduled Tribes and no 

woman for whom seats are reserved under this sub-section, shall, if eligible for election 

ton Zilla Parishad, be disqualified for election to any seat not so reserved. 

1 Provided also that such division into constituencies shall be made in such manner that 

the ratio between the total population of all the Blocks in a district and the number of 

constituencies in the Zilla Parishad shall, so far as practicable, be the same in any Zilla 

Parishad: 

1 Provided also that the State Election Commissioner may, at any time, for reasons to be 

recorded in writing 2 [, issue an order making fresh determination] of the number of 

members in a Zilla Parishad or fresh reservation on rotation of the number of 

constituencies in that Zilla Parishad and, on such order being issued by the State Election 

Commissioner, the determination of the number of members 3 [or the number of seats to 

be reserved or the sequence of rotation of reservation of seats or any combination of them 

as may be specified in such order] shall not be varied for 4 [the next] three successive 

general elections: 'Provided also that the provisions for reservation of seats for the 

Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiry of the 

period specified in article 334 of the Constitution of India; 

(iii) members of the 5 [House of the People and] the Legislative Assembly of the 

State elected thereto from a constituency comprising the district or any part thereof, not 

being Ministers; 

(iv) members of the Council of States not being Ministers, ^[registered as electors 

within the area of any Block within the district.] 

(3) Every Zilla Parishad constituted under this section 7 * * * * * shall be notified in the 

Official Gazette and shall come into office with effect from the date of its first meeting at 

which a quorum is present. 

(4) Every Zilla Parishad shall be a body corporate having perpetual succession and a 

common seal and shall by its corporate name sue and be sued. 

123

1 (5) 

(a) Notwithstanding anything contained in the foregoing provisions of this 

section, when the area of a district (hereinafter referred to as the former district) is 

divided so as to constitute two or more districts, for each of the newly constituted districts 

the State Government shall by notification constitute a Zilla Parishad bearing the name 

of the district with the following members, namely:— 

(i) Sabhapatis of the Panchayat Samitis within the newly constituted district, ex 

officio; 

(ii) the members elected to the Zilla Parishad of the former district under clause 

(ii) of sub-section (2) from the constituencies referred to therein comprised in the 

Blocks within the newly constituted district; 

(iii) members of the House of the People and the Legislative Assembly of the 

State elected thereto from a constituency comprising the newly constituted district 

or any part thereof, not being Ministers; 

(iv) members of the Council of Stales, not being Ministers, having a place of 

residence in the newly constituted district. 

(b) Notwithstanding anything in this Act, every Zilla Parishad constituted under 

this sub-section shall be deemed to have been duly constituted in accordance with the 

provisions of this Act and shall come into office with effect from the date of its first 

meeting at which a quorum is present, and the Zilla Parishad of the former district shall, 

with effect from the date of coming into office of the newly constituted Zilla Parishads, 

cease to exist. 

(c) The members of the newly constituted Zilla Parishad, other than the ex 

officio members, shall, subject to the provisions of section 145, hold office with effect 

from the date of its first meeting at which a quorum is present for the unexpired portion 

of the term of office of the members of the Zilla Parishad of the former district. 

(d) All rules, orders, bye-laws and notifications made or issued from time to time 

under any law for the time being in force, applicable to the Zilla Parishad of the former 

district and continuing in force immediately before the coming into office of the newly 

constituted Zilla Parishads under this sub-section, shall, after the coming into office of 

the newly constituted Zilla Parishads, continue in force in so far as they are not 

124

inconsistent with the provisions of this Act and shall be applicable to the newly 

constituted Zilla Parishads until they are repealed or amended. 

(e) The properties, funds and liabilities of the Zilla Parishad of the former 

district shall vest in the newly constituted Zilla Parishads in accordance with such 

allocation as may be determined by order in writing by the prescribed authority, and such 

determination shall be final. 

(6) An order made 1 [under clause (e) of sub-section (5)] may contain such 

supplemental, incidental and consequential provisions as may be necessary to give effect 

to such re-organisation. 

141. (1) The members of a Zilla Parishad, other than ex officio members, shall, subject 

to the provisions of sections 145 and 213A, hold office for a period of five years from the 

date of its first meeting and no longer. 

(2) There shall be held a general election for the constitution of a Zilla Parishad within a 

period not exceeding five years from the date of the previous general election held for 

such Zilla Parishad: 

Provided that if the first meeting of the newly-formed Zilla Parishad cannot be 

held before the expiry of the period of five years under subsection (7), the State 

Government may, by order, appoint, any authority, person or persons to exercise 

and perform, subject to such conditions as may be specified in the order, the 

powers and functions of the Zilla Parishad under this Act or any other law for the 

time being in force, for a period not exceeding three months or until the date on 

which such first meeting of the newly-formed Zilla Parishad is held, whichever is 

earlier. 


of Zilla 

Parishad. 

3 141A. [(General election to Zilla Parishads.) — Omitted by s. 37 of the West Bengal 

Panchayat (Amendment) Act, 1994 (West Ben. Act XVIII of 1994).] 

142. A person shall not be qualified to be a member of a Zilla Parishad, if— 

(a) he is a member 1 * * * * * of any municipal authority constituted under 

any of the Acts referred to in sub-section (2) of section 1; or 

Disqualification 

s of members of 


125

(b) 

2 he is in the service of the Central or the State Government or a Gram Panchayat or a 

Panchayat Samiti or a Zilla Parishad; and for the purposes of this clause, it is hereby 

declared that a person in the service of any undertaking of the Central or the State 

Government or any statutory body or Corporation or any public or Government 

company or any local authority or any co-operative society or any banking company 

or any university or any Government sponsored institution or any educational or other 

institution or undertaking or body receiving any aid from the Government by way of 

grant or otherwise or a person not under the rule-making authority of the Central or 

the State Government or a person receiving any remuneration from any undertaking 

or body or organisation or association of persons as the employee or being in the 

service of such undertaking or body or organisation or association of persons out of 

funds provided or grants made or aids given by the Central or the State Government, 

shall not be deemed to be in the service of the Central or the State Government; or 

(c) he has, directly or indirectly by himself or by his partner or employer or an employee, 

any share or interest in any contract with, by or on behalf of the Zilla Parishad or a 

Gram Panchayat or a Panchayat Samiti within the district: Provided that no person 

shall be deemed to be disqualified for being elected a member of a Zilla Parishad by 

reason only of his having a share or interest in any public company as defined in the 

Companies Act, 1956, which contracts with or is employed by a Gram Panchayat, or 

a Panchayat Samiti within the district or the Zilla Parishad of the district; or 

(d) he has been dismissed from the service of the Central or a State Government or a 

local authority or a co-operative society, or a Government company or a Corporation 

owned or controlled by the Central or the State Government or misconduct involving 

moral turpitude and five years have not elapsed from the date of such dismissal; or 


(f) he is an un-discharged insolvent; or 

(g) he being a discharged insolvent has not obtained from the court a certificate that his 

insolvency was caused by misfortune without any misconduct on his part; or 

(h) (i) he has been convicted by a court— 

(A) of an offence involving moral turpitude punishable with 

imprisonment for a period of more than six months, or 

126



(Electoral Offences and Miscellaneous Provisions) Act, 1952, and five 

years have not elapsed from the date of the expiration of the sentence; 

or 

(ii) he is disqualified for the purpose of election to the State Legislature under 

the provisions of Chapter III of Pan II of the Representation of the People 

Act, 1951; or 

(i) he has not attained the age of twenty-one years on the date fixed for the scrutiny of 

nominations for any election; or 

(j) he has been convicted under section 189 at any time during the last ten years; or 

(k) he has been surcharged or charged under section 192 at any time during the last ten 

years; or 

(l) he has been removed under section 213 at any time during the last five years. 

143. (1) Every Zilla Parishad shall, at its first meeting at which a quorum is present, 

elect, in the prescribed manner, one of its members to be the Sabhadhipati and another 

member to be the Sahakari Sabhadhipati of the Zilla Parishad: 

Provided that the members referred to in 1 [clauses (i), (iii) and (iv)] of sub-section 

(2) of section 140 2 [shall neither participate in, nor be eligible for, such election:] 

3 Provided further that subject to such rules as may be made in this behalf by the 





absence from his place of employment or shall not carry on or be associated with 


interfere with due exercise of his powers, due performance of his functions or due 


127

4 Provided also that subject to such rules as may be made by the State Government 

in this behalf, the offices of the Sabhadhipati and the Sahakari Sabhadhipati shall 



bear, as nearly as may be, the same proportion to the total number of such offices 

in West Bengal as the population of the Scheduled Castes or the Scheduled 

Tribes, as the case may be, in all the Blocks within West Bengal taken together 

bears with the total population in the same area, and such offices shall be subject 

to allocation by rotation in the manner prescribed: 

'Provided also that the offices of the Sabhadhipati and the Sahakari Sabhadhipati 

in any Zilla Parishad having the Scheduled Castes and the Scheduled Tribes 

population, as the case may be, constituting not more than five per cent of the 

total population in the Blocks within the district, shall not be considered for 

allocation by rotation; 

'Provided also that in the event of the number of Zilla Parishad areas having the 

Scheduled Castes or the Scheduled Tribes population constituting more than five 

per cent of the total population, falling short of the number of offices of the 

Sabhadhipati and the Sahakari Sabhadhipati required for reservation in West 

Bengal the State Election Commissioner, may, by order, include, for the purpose 

of reservation, other such offices of the Sabhadhipati and the Sahakari 

Sabhadhipati beginning from the district having higher proportion of the 

Scheduled Castes or the Scheduled Tribes, as the case may be, until the total 

number of seats required for reservation is obtained: 

'Provided also that not less than one-third of the total number of offices of the 

Sabhadhipati and the Sahakari Sabhadhipati reserved for the Scheduled Castes 

and the Scheduled Tribes in West Bengal, shall be reserved by rotation for the 

women belonging to the Scheduled Castes or the Scheduled Tribes, as the case 

may be: 

128

'Provided also that not less than one-third of the total number of offices of the 

Sabhadhipati and the Sahakari Sabhadhipati in West Bengal including the offices 

reserved for the Scheduled Castes and the Scheduled Tribes, shall be reserved for 

the women, and the offices so reserved shall be determined by rotation in such 

manner as may be prescribed: 

2 Provided also that determination of the offices of the Sabhadhipati within the 

State reserved for the Scheduled Castes, the Scheduled Tribes and women shall 

precede such determination for the offices of the Sahakari Sabhadhipati: 

2 Provided also that if, for any term of election (hereinafter referred to in this 

proviso as the said term of election), the office of the Sabhadhipati in a Zilla 

Parishad is reserved for any category of persons in accordance with the rules in 

force, the office of the Sahakari Sabhadhipati in that Zilla Parishad shall not be 

reserved for the said term of election for any category and if, in accordance with 

the rules applicable to the office of the Sahakari Sabhadhipati, such office is 

required to be reserved for the said term of election, such reservation for the same 

category shall be made in another office of the Sahakari Sabhadhipati within the 

State in the manner prescribed, keeping the total number of offices so reserved for 

the said term of election equal to the number of such offices required to be 

reserved in accordance with the rules in force: 

'Provided also that when in any term of election, an office of the Sahakari 

Sabhadhipati is not reserved on the ground that the corresponding office of the 

Sabhadhipati is reserved in the manner prescribed, such office of the Sahakari 

Sabhadhipati not reserved on the ground as aforesaid, shall be eligible for 

consideration for reservation during the next term of election in the manner 

prescribed: 


provisions of this section or elsewhere in this Act, the principle of rotation for the 

purpose of reservation of offices under this sub-section shall commence from the 

129

first election to be held after the coming into force of section 39 of the West 

Bengal Panchayat (Amendment) Act, 1994, and the roaster for reservation by 

rotation shall continue for every three successive terms for the complete rotation 

unless the State Election Commissioner, for reasons to be recorded in writing and 

by notification, directs fresh commencement of the rotation at any stage excluding 

one or more terms from the operation of the rotation: 

2 Provided also that no member of the Scheduled Castes or the Scheduled Tribes 


eligible for the office of the Sabhadhipati or the Sahakari Sabhadhipati, be 

disqualified for election to any office not so reserved: 

2 Provided also that the provisions for reservation of the offices of the 

Sabhadhipati and the Sahakari Sabhadhipati for the Scheduled Castes and the 

Scheduled Tribes shall cease to have effect on the expiry of the period specified in 

article 334 of the Constitution of India. 

(2) The meeting to be held under sub-section (1) shall be convened by the prescribed 

authority in the prescribed manner, 

(3) The Sabhadhipati and the Sahakari Sabhadhipati shall, subject to the provisions of 

section 146 and to their continuing as members, hold office for a period of '[five 

years]: 2* ***** 

(4) When— 

(a) 

the office of the Sabhadhipati falls vacant by reason of death, resignation, 


(b) the Sabhadhipati is, by reason of leave, illness or other cause, temporarily 

unable to act, the Sahakari Sabhadhipati shall exercise the powers, perform 

the functions and discharge the duties of the Sabhadhipati until a new 

130

Sabhadhipati is elected and assumes office or until the Sabhadhipati resumes 

his duties, as the case may be. 

(5) When— 

(a) 

(b) 

the office of the Sahakari Sabhadhipati falls vacant by reason of death, 

resignation, removal or otherwise, or 

when the Sahakari Sabhadhipati is, by reason of leave, illness or other 

cause, temporarily unable to act, the Sabhadhipati shall exercise the 

powers, perform the functions and discharge the duties of the Sahakari 

Sabhadhipati until a new Sahakari Sabhadhipati is elected and assumes 

office or until the Sahakari Sabhadhipati resumes his duties, as the case 

may be. 

(6) When the offices of the Sabhadhipati and the Sahakari Sabhadhipati are both vacant 

or the Sabhadhipati and the Sahakari Sabhadhipati are temporarily unable to act, the 

prescribed authority may appoint 3 [for a period of thirty days at a time] a 

Sabhadhipati and a Sahakari Sabhadhipati from among the members of the Zilla 

Parishad to act as such until a Sabhadhipati and or a Sahakari Sabhadhipati is 

elected and assumes office 1 [or until the Sabhadhipati or the Sahakari Sabhadhipati 

resumes his duties, as the case may be]. 

2* ***** 

(7) The Sabhadhipati and the Sahakari Sabhadhipati of a Zilla Parishad shall be paid 

out of the Zilla Parishad Fund such 3 [remuneration] and allowances and shall be 

entitled to leave of absence for such period or periods and on such terms and 

conditions, as may be prescribed. 

(8) 


Government may, by an order in writing, remove a Sabhadhipati or a Sahakari 

Sabhadhipati from his office if, in its opinion, he holds any office of profit or carries 

131

on or is associated with any business, profession or calling in such manner that shall, 

or is likely to, interfere with due exercise of his powers, performance of his functions 


Provided that the State Government shall, before making any such order, give the 

person concerned an opportunity of making a representation against the proposed 

order, 

145. (1) The prescribed authority may, after giving an opportunity to a member of a Zilla 

Parishad other than an ex officio member to show cause against the action proposed to be 

taken against him, by order remove him from office— 

Removal of 

member of Zilla 

Parishad. 

(a) 

(b) 

(c) 

(d) 

(e) 

if after his election he is convicted by a criminal court of an offence involving 

moral turpitude and punishable with imprisonment for a period of more than six 

months; or 

if he was disqualified to be a member of the Zilla Parishad at the time of his 

election; or 

if he incurs any of the disqualifications mentioned in clauses (b) to (g) of section 

142 after his election as a member of the Zilla Parishad; or 

if he is absent from three consecutive meetings of the Zilla Parishad without the 

leave of the Zilla Parishad 1 * * *; or 

if he does not pay any arrear in respect of any tax, toll, fee or rate payable under 

this Act, or the Bengal Village Self-Government Act, 1919, or the West Bengal 

Panchayat Act, 1957, or the West Bengal Zilla Parishads Act, 1963. 

(2) Any member of a Zilla Parishad who is removed from his office by the prescribed 

authority under sub-section (1) may, within thirty days from the date of the order, 

appeal to such authority as the State Government may appoint in this behalf, and, 

thereupon, the authority so appointed may stay the operation of the order till the 

disposal of the appeal and may, after giving notice of the appeal to the prescribed 

authority, and after giving the appellant an opportunity of being heard, modify, set 

aside or confirm the order. 

132


2 * * * * * * 

146. 1 [Subject to the other provisions of this section, a Sabhadhipati or a Sahakari 

Sabhadhipati] of a Zilla Parishad may, at any time, be removed from office 2 [by a 

resolution carried by the majority of the existing members referred to in clause (ii) of 

sub-section (2) of section 140] at a meeting specially convened for the purpose. Notice of 

such meeting shall be given to the prescribed authority: 

Removal of 

Sabhadhipati 

and Sahakari 

Sabhadhipati. 

Provided that at any such meeting while any resolution for the removal of the 

Sabhadhipati from his office is under consideration, the Sabhadhipati or while any 

resolution for the removal of the Sahakari Sabhadhipati from his office is under 

consideration, the Sahakari Sabhadhipati shall not, though he is present, preside, and the 

provisions of sub-section (2) of section 150 shall apply in relation to every such meeting 

as they apply in relation to a meeting from which the Sabhadhipati or, as the case may 

be, the Sahakari Sabhadhipati is absent: 

3 Provided further that no meeting for the removal of the Sabhadhipati or the Sahakari 

Sabhadhipati under this section shall be convened within a period of one year from the 

date of election of the Sabhadhipati or the Sahakari Sabhadhipati: 

3 Provided also that if, at a meeting convened under this section, either no meeting is held 

or no resolution removing an office bearer is adopted, no other meeting shall be convened 

for the removal of the same office bearer within six months from the date appointed for 

such meeting. 

147. In the event of removal of a Sabhadhipati or a Sahakari Sabhadhipati under section 

146 or when a vacancy occurs in the office of a Sabhadhipati or a Sahakari Sabhadhipati 

by resignation, death or otherwise, the Zilla Parishad shall elect another Sabhadhipati, or 

Sahakari Sabhadhipati in the prescribed manner. 


vacancies in the 

office of 

Sabhadhipati or 

Sahakari 

Sabhadhipati. 

133


vacancies in the 

place of elected 

member. 

148. If the office of a member of a Zilla Parishad becomes vacant by reason of his death, 

resignation, removal or otherwise, the vacancy shall be filled by election in the prescribed 

manner. 


of Sabhadhipati 

,Sahakari 

Sabhadhipati or 


casual vacancy. 

149. Every Sabhadhipati or Sahakari Sabhadhipati elected under section 147 and every 

member elected under section 148 to till a casual vacancy shall hold office for the 

unexpired portion of the term of office of the person in whose place he becomes a 

member. 

Section : 150 

Key Word : Meeting of Zilla Parishad. (Part IV-Zilla Parishad -Chapter XIII – 

Constitution of Zilla Parishad. -Section -150) 

150. (1) Every Zilla Parishad shall hold a meeting 1 [in its office at least once in every 

three months on such date and at such hour as the Zilla Parishad may fix at the 

immediately preceding meeting]: 

Provided that the first meeting of a newly-constituted Zilla Parishad shall be held at such 

time and at such place within the local limits of the district concerned, as the prescribed 

authority may fix: 

Provided further that the Sabhadhipati when required in writing by one-fifth of the 

members of the Zilla Parishad to call a meeting 2 [shall do so fixing the date and hour of 

the meeting 3 (to be held) within fifteen days after giving intimation to the prescribed 

authority and seven days' notice to the members of the Zilla Parishad,] failing which the 

members aforesaid may call a meeting 4 [to be held] 5 [within thirty-five days] after giving 

intimation to the prescribed authority and seven clear days' notice to the Sabhadhipati 

and the other members of the Zilla Parishad. Such meeting shall be held at such place 

1 [in the office of the Zilla Parishad on such date and at such hour] as the members calling 

the meeting may decide. 2 [The prescribed authority may appoint an observer for such 

meeting who shall submit to the prescribed authority a report in writing duly signed by 

him within a week of the meeting on the proceedings of the meeting. The prescribed 

authority shall, on receipt of the report, take such action thereon as it may deem fit:] 

134

3 Provided also that for the purpose of convening a meeting under section 146, at least 

one-fifth of the members referred to in clause (ii) of sub-section (2) of section 140 shall 

require the Sabhadhipati to convene the meeting: 

4 Provided also that if the Zilla Parishad does not fix at any meeting the date and hour of 

its next meeting or if any meeting is not held on the date and hour fixed at the 

immediately preceding meeting, the Sabhadhipati shall call a meeting of Zilla Parishad 

on such date and at such hour as he thinks fit. 

(2) The Sabhadhipati or in his absence the Sahakari Sabhadhipati shall preside at the 

meeting of the Zilla Parishad and in the absence of both 5 [or in the refusal of any or both 

to preside at a meeting], the members present shall elect one of them to be the President 

of the meeting. 

(3) One-fourth of the total number of members of the Zilla Parishad shall form a quorum 

for a meeting of a Zilla Parishad: 

Provided that no quorum shall be necessary for an adjourned meeting. 

(4) All questions coming before a Zilla Parishad shall be decided by a majority of votes: 

Provided that in case of equality of voles the person presiding shall have a second or 

casting vote: 

1 Provided further that in case of a requisitioned meeting for the removal of the 

Sabhadhipati or the Sahakari Sabhadhipati under section 146, the person presiding shall 

have no second or casting vole. 

(5) 2 [The Executive Officer and the Additional Executive Officer] of a Zilla Parishad 

shall attend meetings of the Zilla Parishad and shall participate in the deliberations 

thereof: 

3 Provided that if for any reason the Executive Officer "[and the Additional Executive 

Officer] cannot attend any meeting of the Zilla Parishad 5 [the Executive Officer shall] 

depute the Secretary of the Zilla Parishad to attend such meeting. 

151. A list of the business to be transacted at every meeting of a Zilla Parishad except at 

an adjourned meeting, shall be sent to each member of the Zilla Parishad in the manner 

prescribed, at least seven days before the time fixed for such meeting and no business 

shall be brought before or transacted at any meeting other than the business of which 

List of 

business to be 

transacted at 

a meeting. 

135

notice has been so given except with the approval of the majority of the members present 

at such meeting: 

Provided that if the Sabhadhipati thinks that a situation has arisen for which an emergent 

meeting of the Zilla Parishad should be called, he may call such meeting after giving 

three days' notice to the members: 

Provided further that not more than one matter shall be included in the list of business to 

be transacted at such meeting. 

Report on the 

work of Zilla 

Parishad. 

152. The Zilla Parishad shall prepare and submit annually in the prescribed manner a 

report on the work done during the previous year and the work proposed to be done 

during the following year to the prescribed authority within the prescribed time. 

Powers of Zilla 

Parishad. 

153. 1 [A Zilla Parishad shall function as a unit of self-government and, in order to 

achieve economic development and secure social justice for all, shall prepare— 

(i) a development plan for the five-year term of the office of the members, and 

(ii) an annual plan for each year by the month of January of the preceding year, in 

furtherance of its objective of development of the community as a whole and socioeconomic 

upliftment of the individual members of the community and, without prejudice 

to the generality of the above provisions, shall have power to—] 

(a) 

2 (i) undertake schemes or adopt measures, including the giving of financial 

assistance, relating to the development of agriculture, fisheries, live-stock, khadi, cottage 

and small-scale industries, co-operative movement, rural credit, water-supply, irrigation 

and minor irrigation including water management and watershed development, public 

health and sanitation including establishment and maintenance of dispensaries and 

hospitals, communication, primary and secondary education, adult and non-formal 

education, physical education and games and sports, welfare of students, social forestry 

and farm forestry including fuel and fodder, rural electrification including distribution, 

non-conventional energy sources, women and child development, social welfare and 

other objects of general public utility, 

136

(ii) undertake execution of any scheme, performance of any act, or management of any 

institution or organisation entrusted to it by the State Government or any other authority, 

(iii) manage or maintain any work of public utility or any institution vested in it or under 

its control and management, 

(iv) make grants in aid of any school, public library, public institution or public welfare 

organisation within the district, 

(v) contribute such sums as may be agreed upon towards the cost of maintenance of any 

institutions, situated outside the district, which are beneficial to, and habitually used by, 

the inhabitants of the district, 

(vi) establish scholarships or award stipends within the State for the furtherance of 

technical or other special forms of education, 

(vii) acquire and maintain village hats and markets; 

(b) make grants to the Panchayat Samitis or Gram Panchayats; 

(c) contribute, with the approval of the State Government, such sum or sums as it may 

decide, towards the cost of water-supply or anti-epidemic measures undertaken by the 

commissioners of a municipality within the district; 

(d) adopt measures for the relief of distress; 

(e) co-ordinate and integrate the development plans and schemes prepared by Panchayat 

Samitis in the district; and 

1 * * * * * 

(2) A Zilla Parishad shall have the power to advise the State Government on all matters 

relating to the development work among Gram Panchayats and Panchayat Samitis. 

(3) Notwithstanding anything in sub-section (1), a Zilla Parishad shall not undertake or 

execute any scheme confined to a block unless the implementation of such a scheme is 

beyond the competence of the Panchayat Samiti concerned financially or otherwise. In 

the latter case the Zilla Parishad may execute the scheme itself or entrust its execution to 

the Panchayat Samiti and give it such assistance as may be required: 

2 Provided that a Zilla Parishad may undertake or execute any scheme referred to in subclause 

(ii) of clause (a) of sub-section (1) confined to an area over which a Panchayat 

Samiti has jurisdiction. 

137

(4) A Zilla Parishad may undertake or execute any scheme if it extends to more than one 

block. 


to have powers 

of Magistrate in 

district to which 

the Vaccination 

Act extends. 

State 

Government 

may place other 

property under 

Zilla Parshad. 

154. In a district to which the Bengal Vaccination Act, 1880, has been, or may hereafter 

be extended, the Zilla Parishad shall exercise all or any of the powers exercisable by the 

Magistrate of the district under section 25 of the said Act. 

155. The State Government may from time to time, with the consent of the Zilla 

Parishad, place any road, bridge, ferry, channel, building or other property vested in the 

State Government and situated within the district under the control and management of 

the Zilla Parishad subject to such conditions as it may specify: 

1 Provided that the State Government may, after considering the views of the Zilla 

Parishad, withdraw such control and management to itself subject to such conditions as 

it may specify. 

Control and 

maintenance of 

roads to the 

State 

Government or 


Samiti. 

Zilla 

Parishad may 

take over 

works. 

Power of Zilla 

Parishad to 

divert,discontin 

ue or close 

road. 


Parishad to 

transfer roads to 

State Government 

or Panchayat 

Samiti. 

156. The State Government may, notwithstanding any thing contained in the Bengal 

Municipal Act, 1932, direct, after consultation with the commissioners of a municipality, 

that the control and maintenance of any road part of which runs through a municipality 

and is vested in the commissioners of such municipality shall be taken over by the Zilla 

Parishad and that the commissioners of such municipality shall make such contribution 

for the maintenance of the road as may be agreed upon or as may be fixed by the State 

Government in the absence of agreement. On such direction being given the 

commissioners of the municipality shall cease to control and maintain such portion of the 

road as lies within such municipality. 

157. A Zilla Parishad may take over the maintenance and control of any road, bridge, 

tank, ghat, well, channel or drain, belonging to a private owner or any other authority on 

such terms as may be agreed upon. 

158. A Zilla Parishad may divert, discontinue or close temporarily any road, which is 

under its control and management or is vested in it, and may, with the approval of the 

State Government, close any such road permanently. 

159. A Zilla Parishad may transfer to the State Government, the commissioners of a 

municipality, Panchayat Samiti or a Gram Panchayat any road or part of a road or any 

138

other property which is under its control or management or which is vested in it, on such 

terms and conditions as may be agreed upon. 

160. (1) A Zilla Parishad may be vested by the State Government with such powers 

under any local or special Act as the State Government may think fit. 

(2) A Zilla Parishad shall perform such functions as may be transferred to it by 

notification under section 31 of the Cattle-trespass Act, 1871. 

(3) A Zilla Parishad shall exercise such other powers, perform such other functions or 

discharge such other duties as the State Government may, by general or special order, 

direct. 

161. The Zilla Parishads of two or more adjacent districts may jointly undertake and 

execute at common cost any development scheme or project or may jointly establish a 

common ferry on such terms and conditions as may be agreed upon, and in case of any 

difference as to the interpretation of such terms and conditions the matter shall be 

referred to the State Government whose decision shall be final. 

162. A Zilla Parishad may require the owner or the lessee of a fair or mela or an owner 

or a lessee of land intending to hold a fair or mela thereon to obtain a license in this 

behalf from the Zilla Parishad on such terms and conditions as may be prescribed and on 

payment of a fee for such license. 

163. (1) A Zilla Parishad shall exercise general powers of supervision over Panchayat 

Samitis and Gram Panchayats in the district and it shall be the duty of these authorities to 

give effect to any directions of the Zilla Parishad 1 * * *. 

(2) 2 A Zilla Parishad may— 

(a) inspect, or cause to be inspected, any immovable property used or occupied by a 

Panchayat Samiti under it or any work in progress under the direction of the 

Panchayat Samiti, 

(b) inspect or examine, or depute an officer to inspect or examine, any department 

of the Panchayat Samiti, or any service, work or thing under the control of the 

Panchayat Samiti, 

Vesting of Zilla 

Parishad with 

certain powers. 

Joint execution 

of schemes by 

two or more 



Parishad 

to grant 

licence for fair 

or mela. 

Power of 

supervision by 


over the 


Samiti,etc. 

139

(c) inspect or cause to be inspected utilisation of funds in respect of schemes or 

programmes assigned to the Panchayat Samiti by the State Government for 

execution either directly or through the Zilla Parishad, 

(d) require a Panchayat Samiti, for the purpose of inspection or examination,— 

(i) to produce any book, record, correspondence or other documents, or 

(ii) to furnish any return, plan, estimate, statement, accounts or statistics, or 


(3) 

1 Notwithstanding anything contained in the foregoing provisions of this section or 

elsewhere in this Act, a Zilla Parishad may— 

(a) require a Panchayat Samiti or Gram Panchayat to take into consideration any 

objection which appears to it to exist to the doing of anything which is about 

to be done or is being done by such Panchayat Samiti or Gram Panchayat or 

any information which appears to it to necessitate the doing of anything by 

such Panchayat Samiti or Gram Panchayat within such period as it may fix; 

(b) direct a Panchayat Samiti or Gram Panchayat to discharge any duty under 

this Act within a specified period if such Panchayat Samiti or Gram 

Panchayat fails to discharge such duty in accordance with the provisions of 

this Act and, if such duty is not discharged within the period as aforesaid, 

appoint any person or persons or authority to discharge such duty and direct 

that the expenses thereof shall be paid by the Panchayat Samiti or the Gram 

Panchayat concerned within such period as it may fix: 

Provided that such person or persons or authority shall, for the purpose of 

discharging the duty as aforesaid, exercise such of the powers under this Act 

as might have been exercised by the Panchayat Samiti or the Gram Panchayat 

concerned while discharging such duty; 

(c) direct a Panchayat Samiti or Gram Panchayat to levy any tax, toll, fee or rate, 

if it fails to do so in accordance with the provisions of this Act; 

(d) call for meetings of a Panchayat Samiti or any of its Sthayee Samitis or a 

Gram Panchayat if no meeting of such Panchayat Samiti or Sthayee Samiti or 

Gram Panchayat is held in accordance with the provisions of this Act or the 

rules made thereunder, 

140

(4) 

1 When a Zilla Parishad takes any action or issues any direction in respect of any 

Gram Panchayat, such action may be taken and such direction may be issued through 

and with the assistance of the Panchayat Samiti having jurisdiction. 

(5) 1 A Panchayat Samiti or Gram Panchayat, as the case may be, may appeal to the State 

Government against any direction under clause (b) of sub-section (3) within thirty days 

from the date of such direction, and the decision of the State Government on such appeal 

shall be final. 

2 163A. (1) Every Zilla Parishad shall have a Zilla Sansad consisting of the following 

members:— 

(a) Pradhans of all Gram Panchayats, 

(b) Sabhapatis, Sahakari Sabhapatis and Karmadhyakshas of all Panchayat 

Samitis comprising the Zilla Parishad, 

(c) and all members of that Zilla Parishad. 

(2) A Zilla Parishad shall hold an annual and a half-yearly meeting of such Sansad at 

such time and place in such manner, as may be prescribed. 

(3) One-tenth of the total number of members shall form a quorum for a meeting of a 

Zilla Sansad: 

Provided that if no quorum is available for such meeting, the meeting shall be adjourned 

to be held at the same time and place on the seventh day from the date of such meeting in 

the manner as may be prescribed. 

(4) A meeting of the Zilla Sansad shall be presided over by the Sabhadhipati and in his 

absence by the Sahakari Sabhadhipati of the Zilla Parishad. 

(5) The Zilla Sansad shall guide and advise the Zilla Parishad for all matters relating to 

development including preparation of annual plan and budget, implementation of 

development programmes, schemes or projects and undertaking such activities for 

economic development and for ensuring social justice as are undertaken or proposed to 

be undertaken by Zilla Parishad: 

Provided that for such guidance and advice, any member of the Zilla Sansad on receipt of 

the notice for any such meeting, may demand in writing to the Executive Officer for 

placement of any document such as last report on inspection of accounts of the funds of 

the Zilla Parishad by the Audit team, budget, Annual Action Plan and on receipt of such 

141

demand the Executive Officer with the consent of the Sabhapati, shall place such 

documents in the meeting for deliberation: 

Provided further that the deliberation, recommendations and observations passed in the 

meeting of the Zilla Sansad, shall be considered in [he meeting of Zilla Parishad as soon 

as possible within one month from the date of meeting of the Zilla Sansad and the 

decision of the Zilla Parishad along with the action-taken report shall be placed in the 

next meeting of the Zilla Sansad,- 

Exemption of 

Sabhadhipati 

and members of 

Zilla Parshad 

from attending 

registration 

office. 

Powers,function 

s and duties of 

Sabhadhipati 

and Sahakari 

Sabhadhipati. 

164. Notwithstanding anything contained in the Registration Act, 1908, or any rules 

made thereunder, the registering officer shall, on the requisition of the Sabhadhipati 

made in writing and under the common seal of the Zilla Parishad, register a document 

executed by the Sabhadhipati or a member of the Zilla Parishad on behalf of the Zilla 

Parishad without requiring the presence of the Sabhadhipati or the member concerned at 

the registration office. 

165. (1) The Sabhadhipati shall— 

(a) be responsible for the maintenance of the records of the Zilla Parishad; 

(b) have general responsibility for the financial and executive administration of the Zilla 

Parishad; 

(c) exercise administrative supervision and control over all officers and other employees 

of the Zilla Parishad and the officers and employees whose services may be placed at 

the disposal of the Zilla Parishad by the State Government; 

(d) for the transaction of business connected with this Act or for the purpose of making 

any order authorised thereby, exercise such powers, perform such functions and 

discharge such duties as may be exercised, performed or discharged by the Zilla 

Parishad under this Act or the rules made thereunder: 

Provided that the Sabhadhipati shall not exercise such powers, perform such 

functions or discharge such duties as may be required by the rules made under this 

Act to be exercised, performed or discharge by the Zilla Parishad at a meeting; 

(e) exercise such other powers, perform such other functions and discharge such other 

duties as the Zilla Parishad may, by general or special resolution, direct or as the 


142

1 Explanation— For the purpose of discharge of responsibilities and exercise of 

administrative supervision and control, the Sabhadhipati shall rely on the Executive 

Officer referred to in section 166 and shall generally act through him. 

(2) The Sahakari Sabhadhipati shall— 

(a) exercise such of the powers, perform such of the functions and discharge such of 

the duties of the Sabhadhipati as the Sabhadhipati may, from time to time, subject to 

rules made in this behalf by the State Government, delegate to him by order in 

writing: 

Provided that the Sabhadhipati may at any time withdraw the powers and functions 

delegated to the Sahakari Sabhadhipati; 

(b) during the absence of the Sabhadhipati, exercise all the powers, perform all the 

functions and discharge all the duties of the Sabhadhipati; 

(c) 

2 exercise such other powers, perform such other functions, and discharge such 

other duties as the Zilla Parishad may, by general or special resolution, direct or as 

the State Government may, by rules made in this behalf prescribe. 

166. (1) There shall be an Executive Officer for a Zilla Parishad appointed by the State 

Government on such terms and conditions as may be prescribed: 

Provided that any person so appointed shall be recalled by the State Government if a 

resolution to that effect is passed by the Zilla Parishad, at a meeting specially convened 

for the purpose, by a majority of the total number of members holding office for the time 

being. 

(1A) The State Government may appoint an Additional Executive Officer for a Zilla 

Parishad on such terms and conditions as may be prescribed: 

Provided that any person so appointed shall be recalled by the State Government if a 



being. 

1 (1B) The Additional Executive Officer shall, subject to the provisions of this Act, 

Staff of the 


exercise such powers, perform such functions, and discharge such duties, of the 

Executive Officer as the State Government may, from time to time, direct. 

143

(2) 

2 The State Government may appoint a Secretary for a Zilla Parishad on such terms 

and conditions as may be prescribed. 

(3) 

3 [Subject to such rules as may be made by the State Government, a Zilla Parishad] 

may appoint such other officers and employees as may be required by it and may fix the 

salaries to be paid to the persons so appointed: 

Provided that no post shall be created or abolished and no revision of the scale of pay of 

any post shall be made by the Zilla Parishad without the prior approval of the State 

Government. 

4 Provided further that subject to the decision of the Zilla Parishad, the orders relating to 

Placing the 

services of State 

Government 

officers at the 

disposal of the 


appointment and other service matters concerning any post under the Zilla Parishad shall 

be issued by or on behalf of the Executive Officer. 

(4) The State Government shall make rules relating to the method of recruitment and the 

terms and conditions of service including the pay and allowances, superannuation, 

provident fund and gratuity of the employees of the Zilla Parishad. 

167. The State Government may place at the disposal of the Zilla Parishad the services of 

such officers or other employees serving under it 6 [and on such terms and conditions] as 

it may think fit: 

Provided that any such officer or employee shall be recalled by the State Government if a 



being: 

Provided further that the State Government shall have disciplinary control over such 

officers and employees. 

Control and 

punishment of 

the staff of the 


168. (1) The Executive Officer shall exercise general control overall officers and other 

employees of the Zilla Parishad. 

(2) The Executive Officer may award any punishment other than dismissal, removal or 

reduction in rank to an officer or employee 1 [of a Zilla Parishad]. 

(3) The Executive Officer may recommend the dismissal, removal or reduction in rank 

of an officer or employee 2 [of a Zilla Parishad] to the 3 [Artha, Sanstha, Unnayan O 

Parikalpana] Sthayee Samiti and such Samiti shall forward the case to the Zilla Parishad 

144

with its own recommendation. The Zilla Parishad may, if it is satisfied with such 

recommendation of the 3 [Artha, Sanstha, Unnayan O Parikalpana] Sthayee Samiti, 

dismiss, remove or reduce in rank any such officer or employee. 

(4) No officer or other employee 4 [of a Zilla Parishad] shall be punished by the Zilla 

Parishad except by a resolution of the Zilla Parishad passed at a meeting. 

Appeal. 

Exercise of 

powers,etc.,by 

the officers and 

employees. 

Sthayee Samiti. 

169. (1) An appeal shall lie to the Zilla Parishad against an order of punishment awarded 

by the Executive Officer under sub-section (2) of section 168 within one month from, the 

date of that order. 

(2) An appeal shall lie to the State Government against an order of punishment awarded 

by the Zilla Parishad under sub-section (5) or (4) of section 168 within one month from 

the date of that order. 

170. Subject to the provisions of this Act and the rules framed thereunder and to any 

general or special directions given by the State Government in that behalf, the officers 

and other employees employed by the Zilla Parishad and the officers and other 

employees whose services have been placed at the disposal of the Zilla Parishad shall 

exercise such powers, perform such functions and discharge such duties as the Zilla 

Parishad may determine. 

171. (1) A Zilla Parishad shall have the following Sthayee Samitis, namely:— 

(i) 

l [Artha, Sanstha, Unnayan O Parikalpana] Sthayee Samiti; 

(ii) 

2 [Janasasthya O Paribesh\ Sthayee Samiti] 

(iii) Purta Karya 3 [O Paribahan] Sthayee Samiti; 

(iv) Krishi Sech O Samabaya Sthayee Samiti; 

(v) 

4 Shiksha, Sanskriti; Tathya O Krira] Sthayee Samiti; 

(vi) 

5 [Sishu O Nan Unnayan, Janakalyan O Tran\ Sthayee Samiti; 

6 (via) Ban O Bhumi Sanskar Sthayee Samiti; 

6 (vib) Matsya O Prani Sampad Bikash Sthayee Samiti; 

6 (vic) Khadya O Sarbaraha Sthayee Samiti; 

6 (vid) 7 Khudra Shilpa, Bidyut O Achiracharit Shakti] Sthayee Samiti; 

145

(vii) such other Samiti or Samitis as the Zilla Parishad may, subject to the approval of 

the State Government, constitute. 

(2) A Sthayee Samiti shall consist of the following members, namely:— 

(a) the Sabhadhipait 8 [and Sahakari Sabhadhipati] ex officio; 

(b) 

9 [without prejudice to the provisions in clause (ba)] not less than three and not more 

than five persons to be elected in the prescribed manner by the members of the Zilla 

Parishad from among themselves; 

1 (ba) in Artha Sanstha Unnayan O Parikalpana Sthayee Samiti, Karmadhyakshas elected 

in other Sthayee Samitis as referred to in sub-section (1), shall be members ex officio and 

no member shall be elected in the manner referred to in clause (b); 

1 (bb) Leader of the recognized political party in opposition having largest number of 

members in the Zilla Parishad in comparison with other recognized political parties in 

opposition, shall be a member of the Artha, Sanstha, Unnayan O Parikalpana Sthayee 

Samiti; 

1 (bc) one member from each recognized political party in opposition shall be a member 

of the Sthayee Samiti other than 2 [the Artha Sanstha Unnayan O Parikalpana Sthayee 

Samiti, if no member in opposition is elected in a Sthayee Samiti referred to in clause 

(b);] 

Provided that the members selected from the recognized political party having larger 

number of members in the Zilla Parishad shall be the member of the Sthayee Samiti 

placed higher in the consecutive order in sub-section (1): 

Provided further that if the member of recognized 3 [political] parties in opposition is less 

than the number of Sthayee Samitis, the independent candidates in opposition in Zilla 

Parishad shall be members of the Sthayee Samitis for which no member of the 

recognized political parties are available and the member senior in age shall be placed as 

member in the Sthayee Samiti placed higher in the order of sub-section (1): 

Provided also that if the member of recognized political parties added with number of 

independent members falls short of the number of Sthayee Samitis, one additional 

member from each such political party in opposition in the Zilla Parishad, shall be 

chosen for membership in the Sthayee Samitis where no member in terms of this clause 

has been provided and the same sequential order shall be followed for placement of a 

146

member in a Sthayee Samiti and such process shall be repeated until all Sthayee Samitis 

have one member under this clause: 

Provided also that a member in opposition may be a member of more than two Sthayee 

Samitis if in a term of general election, not more than four members in opposition, either 

representing a recognized political party or independent, are elected in the Zilla Parishad: 

Provided also that the members of the recognized political party shall jointly decide and 

intimate the Executive Officer of the Zilla Parishad by a letter under signature of all such 

members, the name of the member or members who shall represent the party as member 

of the Sthayee Samiti and in case of an independent member the Executive Officer shall 

determine the membership in each Sthayee Samiti: 

Provided also that the Executive Officer shall place the entire matter of membership 

under this clause in a meeting of the Zilla Parishad as early as possible in the next 

meeting. 

1 Explanation— For the purpose of this clause, a member of the Panchayat Samiti shall be 

considered a member in opposition if in the election of the Sabhapati under section 98, he 

did not cast his vote in favour of the winning candidate or has abstained himself from 

casting his vote in the said election; 

(c) 

2 such number of persons being officers of the State Government or of any statutory 

body or corporation or being eminent persons having specialised knowledge as the Sate 

Government may think fit, appointed by the Stale Government: 

Provided that such officers shall not be eligible for election as Karmadhyaksha of the 

Sthayee Samiti and shall not have any right to vote. 

(3) 

3 No person, other than the Sabhadhipati or the Sahakari Sabhadhipati, shall be a 

member of more than two Sthayee Samitis other than the Artha Sanstha Unnayan O 

Parikalpana Sthayee Samiti. 

(4) An elected member of a Sthayee Samiti shall hold office for a period of 4 [five years] 

or for so long as he continues to be a member of the Zilla Parishad, whichever is earlier. 

(5) The meeting of the Sthayee Samiti shall be held 5 [in the Office of the Zilla Parishad] 

at such time and in such manner as may be prescribed. 

(6) A Sthayee Samiti shall exercise such powers, perform such functions and discharge 

such duties as may be prescribed or as may be assigned to it by the Zilla Parishad. 

147

(7) The State Government may make rules providing for the removal of members of a 

Sthayee Samiti including the Karmadhyaksha and for filling up of casual vacancy. 

172. (1) The members of a Sthayee Samiti shall elect, in such manner as may be 

prescribed, a Chairman, to be called Karmadhyaksha, from among themselves: 

Provided that the members referred to in 1 [clauses (i), (iii) and (iv)] of sub-section (2) of 

section 140 shall not be eligible for such election: 

Provided further that the Sabhadhipati shall be the ex officio Karmadhyaksha of the 

2 [Artha, Sanstha, Unnayan O Parikalpana] Sthayee Samiti: 

Karmadhyaksha 

and Secretary. 

3 Provided also that subject to such rules as may be made in this behalf by the State 

Government, a member shall not be eligible for such election unless he declares in 

writing that on being elected, he shall be a whole time functionary of his office and that 

during the period for which he holds or is due to hold such office, he shall not hold any 

office of profit unless he has obtained leave of absence from his place of employment or 

shall not carry on or be associated with any business, profession or calling in such 

manner that shall or is likely to interfere with due exercise of his powers, due 

performance of his functions or due discharge of his duties. 

4 * * * * * * 

(3) The Secretary of the Zilla Parishad shall act as Secretary 5 [to the Artha, Sanstha, 

Unnayan O Parikalpana Sthayee Samiti]: 

'Provided that the members referred to in clauses 2 \(a), (b), (ba), (bb) and (bc)] of subsection 

(2) of section 171 of a Sthayee Samiti may select, in such manner 3 [as may be 

determined by the Sthayee Samiti in conformity with such directions as may be issued, by 

one or more orders, general or special, of the State Government], one of the members 

referred to in clause (c) of that sub-section to act as the Secretary to such Sthayee Samiti: 

4 Provided further that pending the selection of Secretary to a Sthayee Samiti under this 

clause or during any casual vacancy, in the post of the Secretary to a Sthayee Samiti, the 

Secretary of the Zilla Parishad shall act as Secretary to such Sthayee Samiti 

(4) 

5 The Secretary to each Sthayee Samiti shall, in consultation with the 

Karmadhyaksha, convene the meetings of that Sthayee Samiti. 

148

(5) 

6 Notwithstanding anything contained in section 165 or elsewhere in this Act, the 

Karmadhyaksha shall— 

(a) be responsible for the financial and executive administration in respect of the 

schemes and programmes 7 [under the purview and control of the Sthayee Samiti within 

the budgetary provisions of the Zilla Parishad,]; 

(b) be entitled, in respect of the work of the Sthayee Samiti, to call for any information, 

return, statement, account or report from the office of the Zilla Parishad and to enter on 

and inspect any immovable property of the Zilla Parishad or to inspect any work in 

progress and connected with the functions and duties of the Sthayee Samiti; 

(c) be entitled, when authorised by the Sthayee Samiti, to require the attendance at its 

meeting of any officer of the Zilla Parishad; 

(d) exercise such other powers, perform such other functions and discharge such other 

duties, as the Zilla Parishad may, by general or special resolution, direct or as the State 

Government may, by rules made in this behalf, prescribe. 

(6) 

1 The Karmadhyaksha shall be paid out of the Zilla Parishad Fund such 

remuneration and allowances, and shall be entitled to leave of absence for such period or 

periods and on such terms and conditions, as the State Government may by order direct 

or may by rules made in this behalf, prescribe. 

(7) 


Government may, by an order in writing, remove a Karmadhyaksha from his office if, in 

its opinion, he holds any office of profit or carries on or is associated with any business, 

profession or calling in such manner that shall, or is likely to, interfere with due exercise 

of his powers, due performance of his functions or due discharge of his duties: 

Provided that the State Government shall, before making any such order, give the person 

concerned an opportunity of making representation against the proposed order. 

173. The Karmadhyaksha or any other member of a Sthayee Samiti may resign his office 

by giving notice in writing to the Sabhadhipati and on such resignation being accepted by 

the Zilla Parishad the Karmadhyaksha of such member shall be deemed to have vacated 

his office. 

Resignation. 

149

Casual 

Vacancy. 

174. When a vacancy occurs in the office of a Karmadhyaksha or a member of a 

Sthayee Samiti by resignation, death or otherwise, the members of the Sthayee 

Samiti shall elect another Karmadhyaksha or 2 [the members of the Zilla Parishad 

shall elect another] member, as the case may be, in the prescribed manner. The 

Karmadhyaksha or the member so elected shall hold office for the unexpired 

portion of the term of office of the person in whose place he becomes a member. 

174A. [Samanway Samiti.—Omitted by the 15 of the West Bengal Panchayat 

(Amendment) Act, 2003 (West Ben. Act VIU of 2003).]. 

Power to 

acquire,hold 

and dispose of 

property. 

Works 

constructed by a 


to vest in it. 

Allocation of 

properties to 

Zilla 

Parishad. 


land for Zilla 

Parishad. 

175. A Zilla Parishad shall have the power to acquire, hold and dispose of 

property and to enter into contracts: Provided that in all cases of acquisition or 

disposal of immovable property the Zilla Parishad shall obtain the previous 

approval of the State Government. 

176. All roads, buildings or other works constructed by a Zilla Parishad with its 

own funds shall vest in it. 

177. The State Government may allocate to a Zilla Parishad any public property 

situated within its jurisdiction, and thereupon, such property shall vest in and 

come under the control of the Zilla Parishad. 

178. Where a Zilla Parishad requires land to carry out any of the purposes of this Act, it 

may negotiate with the person or persons having interest in the said land, and if it fails to 

reach an agreement, it may make an application to the Collector for the acquisition of the 

land and the Collector may, if he is satisfied that the land is required for a public purpose, 

take steps to acquire the land under the provisions of the Land Acquisition Act, 1894, and 

such land shall, on acquisition, vest in the Zilla Parishad. 


Fund. 

179. (1) For every Zilla Parishad there shall be constituted a Zilla Parishad Fund 

bearing the name of the Zilla Parishad and there shall be placed to the credit thereof — 

150

(a) contributions and grants, if any, made by the Central or the State 

Government including such part of land revenue collected in the State as may be 

determined by the State Government; 

(b) contributions and grants, if any, made by a Panchayat Samiti or any other 

local authority; 

(c) loans, if any, granted by the Central or State Government or raised by the 

Zilla Parishad on security of its assets; 

(d) the proceeds of road cess and public works cess levied in the district; 

(e) all receipts on account of tolls, rates and fees levied by the Zilla Parishad; 

(f) all receipts in respect of any schools, hospitals, dispensaries, buildings, 

institutions or works, vested in, constructed by or placed under the control and 

management of, the Zilla Parishad; 

(g) all sums received as gift or contribution and all income from any trust or 

endowment made in favour of the Zilla Parishad; 

(h) such fines or penalties imposed and realised under the provisions of this Act 

or of the bye-laws made thereunder, as may be prescribed; 

(i) money, if any, lying to the credit of the district Chowkidary reward fund 

constituted under section 25 of the Bengal Village Self-Government Act, 1919, 

the control over which rests with the District Magistrate, shall be credited by the 

District Magistrate to the Zilla Parishad Fund; 

(j) all other sums received by or on behalf of the Zilla Parishad. 

1 Explanation— A Zilla Parishad shall not receive to the credit of its fund— 

(a) any loan from any individual, severally or jointly, or any member or office 

bearer of the Zilla Parishad, and 

(b) any gift or contribution from any individual, severally or jointly, or any member 

or office bearer of the Zilla Parishad save and except, in pursuance of a 

resolution adopted in a meeting of the Zilla Parishad accepting such gift or 

contribution and stating the purpose for which such gift or contribution is offered 

and accepted. 

(2) Every Zilla Parishad shall— 

151

(i) set a part and apply annually such sum as may be required to meet the cost 

of its own administration including the payment of salary, allowances, 

provident fund and gratuity to the officers and employees and to the 

Executive Officer, 2 [the Additional Executive Officer, the Secretary or the 

Deputy Secretary;] 

(ii) allocate the money received under clause (i) of sub-section (1) among the 

Gram Panchayats of the district concerned. 

(3) Every Zilla Parishad shall have the power to spend such sums as it thinks fit 

for carrying out the purposes of this Act. 

(4) The Zilla Parishad Fund shall be vested in the Zilla Parishad and the amount 

standing to the credit of the fund shall be kept in such custody or invested in such 

manner as the State Government may, from time to time, direct. 

(5) Subject to such general control as the Zilla Parishad may exercise, from time 

to time, all orders and cheques for payment from the Zilla Parishad Fund shall be 

1 [signed by the Executive Officer, or if authorised by the Executive Officer 2 (by 

the Additional Executive Officer, the Secretary or the Deputy Secretary.)] 

Proceeds of 

roads cess and 

public works 

cess to be 

cerdited to the 


Fund. 

Levy of 

tolls,fees and 

rates. 

180. Notwithstanding anything to the contrary in the Cess Act, 1880, the proceeds 

of road cess and public works cess, if any, levied and realised in a district shall 

be credited to the Zilla Parishad Fund after payment of the expenses mentioned 

in section 109 of the said Act. 

181. (1) Subject of such maximum rates as the State Government may prescribe, 

a Zilla Parishad may— 

(a) levy tolls on persons, vehicles or animals or any class of them at any toll-bar 

established by it on any road other than a kutcha road or any bridge vested in it 

or under its management; 

(b) levy tolls in respect of any ferry established by it or under its management; 

(c) levy the following fees and rates, namely:— 

(i) fees on the registration of boats or vehicles; 

152

(ii) a fee for providing sanitary arrangements at such places of 

worship or pilgrimage, fairs and melas within its jurisdiction as may be 

specified by the State Government by notification; 

(iii) a fee for license referred to in section 162; 

(iv) a water-rate, where arrangement for the supply of water for 

drinking, irrigation or any other purpose is made by the Zilla Parishad 

within its jurisdiction; 

(v) a lighting rate, where arrangement for lighting of public streets 

and places is made by the Zilla Parishad within its jurisdiction. 

(2) The Zilla Parishad shall not undertake registration of any vehicle or levy fee 


pilgrimage, fairs and melas within its jurisdiction or levy fee therefor if such 

vehicle has already been registered by any other authority under any law for the 

time being in force or if such provision for sanitary arrangement has already been 

made by any other local authority. 

(3) The scales of lolls, fees or rates and the terms and conditions for the 

imposition thereof shall be such as may be provided by bye-laws, Such bye-laws 

may provide for exemption from all or any of the tolls, fees or rates in any class of 

cases. 

182. A Zilla Parishad may, subject to the provisions of any law relating to the 

raising of loans by local authorities for the time being in force, raise from time to 

time, with the approval of the State Government, loans for the purposes of this 

Act and create a sinking fund for the repayment of such loans. 1 182A. 

Notwithstanding anything contained in section 182, a Zilla Parishad may borrow 

money from the State Government or 2 * * * * from banks or other financial 

institutions, for furtherance of its objective on the basis of specific schemes as 

may be drawn up by the Zilla Parishad for the purpose. 


may raise 

loans and 

create a 

sinking fund. 

183. (1) Every Zilla Parishad shall, at such time and in such manner as may be 

prescribed, prepare in each year a budget of its estimated receipts and 

disbursements for the following year 3 * * * * 

Budget od the 


153

Supplementar 

y budget. 

(2) (a) The budget prepared under sub-section (1) shall be written in English and 

in vernacular of the district and copies of the budget in both the languages shall 

be posted in such prominent places within the district as may be prescribed, 

inviting objections and suggestions from the electors of the Zilla Parishad. 

(b) Copies of the budget shall be forwarded to the State Government for views, if 

any. 

(c) The Zilla Parishad shall, within such time as may be prescribed and in a 

meeting specially convened for the purpose and in the presence of at least half of 

the existing members, consider the objections, suggestions and views, if any, 

and approve the budget with modifications, if any. 

(d) A copy of the budget approved under clause (c) shall be forwarded to the 

State Government. 

(3) No expenditure shall be incurred unless the budget is approved by 1 [under 

clause (c) of sub-section (2)]. 

184. (1) 

2 The Zilla Parishad may prepare in each year a supplementary estimate 

providing for any modification of its budget and 2 [may approve it in a meeting specially 

convened for the purpose and in the presence of at least half of the existing members] 

within such time and in such manner as may be prescribed. 

(2) 

3 A copy of the supplementary estimate as approved under subsection (1) shall be 

forwarded to the State Government. 

185. A Zilla Parishad shall keep such accounts and in such manner as may be prescribed. 

4 185A. (1) With effect from the date of coming into office of the Council, the Zilla 

Parishad for the district of Darjeeling constituted under this Act shall stand dissolved and 

the members of the Zilla Parishad shall be deemed to have vacated their offices 

forthwith. 

(2) Upon such dissolution of the Zilla Parishad, the Council shall exercise all the 

powers, discharge all the duties and perform all the functions of the Zilla Parishad under 

this Act. 

(3) Notwithstanding anything contained in sub-section (7) of this section or elsewhere in 

this Act,— 

154

(a) anything done or any action taken by the Zilla Parishad under this Act prior to the 

coming into office of the Council, and 

(b) all rules, orders, bye-laws and notifications made or issued from time to time under 

the provisions of the West Bengal Panchayat Act, 1957, or the West Bengal Zilla 

Parishads Act, 1963, or this Act, applicable to the Zilla Parishad, and continuing in force 

immediately before the coming into office of the Council, shall, after such coming into 

office, continue in force in so far as they are not inconsistent with the provisions of the 

Darjeeling Gorkha Hill Council Act, 1988 until they are repealed or amended. 

(4) Notwithstanding anything contained in section 29 of the Darjeeling Gorkha Hill 

Council Act, 1988, the properties, funds and liabilities of the Zilla Parishad and the 

officers and employees of the Zilla Parishad holding office immediately before the 

coming into office of the Council, shall be determined and apportioned between the 

Council and the Mahakuma Parishad in such manner as may be prescribed, and such 

determination and apportionment shall be final. 

(5) An order made under sub-section (4) may contain such supplemental, incidental and 

consequential provisions as may be necessary to give effect to such re-organisation. 

(6) 

1 Notwithstanding anything to the contrary contained in this Act or in any other law 

for the time being in force,— 

(a) no executive power referred to in section 24 of the Darjeeling Gorkha Hill Council 

Act, 1988, shall be exercised by a Gram Panchayat or Panchayat Samiti in the hill areas 

unless the Council assigns such power to such Gram Panchayat or Panchayat Samiti, as 

the case may be, on such terms and conditions as the Council may, by general or special 

direction, specify, and 

(b) the State Government shall not assign any power, function or duty in relation to any 

matter, referred to in section 207B or in any other provision of this Act, to any Gram 

Panchayat or Panchayat Samiti in the hill areas without prior consultation with the 

Council and, on transfer of such power, function or duty, the Council shall have power 

and authority to issue any direction, and adopt any measure, for supervision and 

monitoring with respect to the exercise of such power, performance of such function and 

discharge of such duty by the Gram Panchayat or the Panchayat Samiti, as the case may 

be. 

155

1 185B. (1) For the sub-division of Siliguri in the district of Darjeeling the State 

Government shall constitute a Mahakuma Parishad bearing the name of the subdivision. 

(2) The Mahakuma Parishad shall comprise the areas of the blocks within the 

sub-division excluding such mouzas of the sub-division as are comprised in the 

hill areas. 

(3) The Mahakuma Parishad shall consist of the following members, namely:— 

(i) Sabhapatis of the Panchayat Samitis within the sub-division, ex officio; 

(ii) 

2 [such number of persons, not exceeding three, as may be prescribed on the 

basis of the n umber of voters in each B lock within the sub-division, the Block 

being divided 3 (by the prescribed authority) for the purpose into constituencies in 

the prescribed manner,] elected by secret ballot, at such time and in such 

manner as may be prescribed, 4 [from amongst the persons, whose names are 

included in the electoral roll 5 (prepared in accordance with such rules as may be 

made by the State Government in this behalf and in force on such date as the 

State Election Commissioner may declare for the purpose of an election,) 

pertaining to any Block within the area of Mahakuma Parishad, by persons 

whose names are included in such electoral roll pertaining to the constituency 

comprised in such Block;]: 

6 Provided that seats shall be reserved for the Scheduled Castes and the 

Scheduled Tribes in a Mahakuma Parishad area and the number of seats so 

reserved shall bear, as nearly as may be and in the manner and in accordance 

with such rules as may be made in this behalf by the State Government, the 

same portion to the total number of seats in that Mahakuma Parishad to be filled 

up by election as the population of the Scheduled Castes in that Mahakuma 

Parishad area or of the Scheduled Tribes in that Mahakuma Parishad area, as 

the case may be, bears to the total population of that Mahakuma Parishad area 

and such seats shall be subjected to allocation by rotation, in the manner 

prescribed to such different constituencies having Scheduled Castes or 

Scheduled Tribes population which bears with the total population in that 

constituency not less than half of the proportion that the total Scheduled Castes 

156

population or the Scheduled Tribes population in that Mahakuma Parishad area, 

as the case may be, bears with the total population in that Mahakuma Parishad 

area: 


reserved for the Scheduled Castes and the Scheduled Tribes shall be reserved 

for women belonging to the Scheduled Castes or the Scheduled Tribes, as the 

case may be: 

1 Provided also that not less than one-third of the total number of seats, including 

the seats reserved for the Scheduled Castes and the Scheduled Tribes, in the 

Mahakuma Parishad shall be reserved for women, and the constituencies for the 

seats so reserved for women shall be determined by rotation, in such manner as 



provisions of this sub-section 2 * * * *, when the number of members to be elected 

to the Mahakuma Parishad is determined, or when seats are reserved for the 

Scheduled Castes and the Scheduled Tribes in the Mahakuma Parishad, in the 

manner as aforesaid, the number of members so determined or the number of 

seats so reserved shall not be varied for three successive general elections: 

1 Provided also that no member of the Scheduled Castes or the Scheduled Tribes 

and no woman for whom seats are reserved under this sub-section, shall, if 

eligible for election to the Mahakuma Parishad, be disqualified for election to any 

seat not so reserved: 

3 Provided also that such division into constituencies shall be made in such 

manner that the ratio between the population of all the Blocks in the Mahakuma 

Parishad and the number of constituencies in the Mahakuma Parishad shall, so 

far as practicable, be the same as in any Zilla Parishad: 

1 Provided also that the State Election Commissioner may, at any time, for 

reasons to be recorded in writing 2 f, issue an order making fresh determination], 

of the number of members in the Mahakuma Parishad or fresh reservation on 

rotation of the number of constituencies in the Mahakuma Parishad and, on such 

order being issued by the State Election Commissioner, the determination of the 

157

number of members and the reservation of the number of constituencies shall not 

be varied for '[the next] three successive general elections: 

1 Provided also that the provisions for reservation of seats for the Scheduled 

Castes and the Scheduled Tribes shall cease to have effect on the expiry of the 

period specified in article 334 of the Constitution of India; 

(iii) members of the House of the People and the Legislative Assembly of the 

State elected thereto from a constituency comprising the sub-division or any part 

thereof (excluding the part comprised in the hill areas), not being Ministers; 

(iv) members of the Council of States, not being Ministers, 4 [registered as 

electors within the area of any Block] in the sub-division (excluding the place 

emprised in the hill areas). 

(4) The Mahakuma Parishad constituted under this section shall be notified in 

the Official Gazette and shall come into office with effect from the date of its first 

meeting at which a quorum is present. 

(5) The Mahakuma Parishad shall be a body corporate having perpetual 

succession and a common seal and shall by its corporate name sue and be 

sued. 

(6) Notwithstanding anything contained in this Act,— 

(a) anything done or any action taken by the Zilla Parishad under this Act prior to 

the coming into office of the Mahakuma Parishad, and 

(b) all rules, orders, bye-laws and notifications made or issued from time to time 

under the provisions of the West Bengal Panchayat Act, 1957, or the West 

Bengal Zilla Parishads Act 1963, or this Act, applicable to the Zilla Parishad, and 

continuing in force immediately before the coming into office of the Mahakuma 

Parishad under this Act, shall, after such coming into office, be applicable to the 

Mahakuma Parishad and shall continue in force in so far as they are not 

inconsistent with the provisions of this Act until they are repealed or amended. 

(7) (a) The Mahakuma Parishad shall have a Sthayee Samiti, namely, Artha, 

Sanstha, Unnayan O Parikalpana Sthayee Samiti. 

(b) The Mahakuma Parishad may have such other Sthayee Samiti or Samitis as 

it may, subject to the approval of the State Government, constitute. 

158

(c) A Sthayee Samiti shall consist of the following members:— 

(i) the Sabhadhipati 1 [and the Sahakari Sabhadhipati], ex officio; 

(ii) three persons to be elected in the prescribed manner by the 

members of the Mahakuma Parishad from among themselves; 

(iii) 

2 such number of persons, being Officers of the State Government 

or of any statutory body or corporation or being eminent persons have 

specialised knowledge, as the State Government may think fit, appointed 

by the State Government. , 

(d) No person, other than the Sabhadhipati or the Sahakari Sabhadhipati, shall 

be a member of more than two Sthayee Samitis, 

(e) All the provisions of sub-sections (4) to (7) of section 171 and sections 172 to 

174 shall apply mutatis mutandis to a Sthayee Samiti constituted under this 

section. 

(8) All the provisions of sections 141 to 152, 153 to 165, 166 to 170, 175 to 185, 

186 to 196, 196A, 196B, 197, 197A, 197B, 198 to 202, 202A, 203 to 216, 220 to 

221 and 223 shall apply to the Mahakuma Parishad mutatis mutandis. 

186. (1) The accounts of the funds of a Gram Panchayat, a Panchayat Samiti or 

a Zilla Parishad shall be examined and audited by an auditor appointed in that 

behalf by the State Government at such time and place, to such extent and in 

such manner as the State Government may prescribe. 

(2) An auditor appointed under this section shall be deemed to be a public 

servant within the meaning of section 21 of the Indian Penal Code. 

Audit of accounts 

fund. 

187. The Pradhan, the Sabhapati or the Sabhadhipati, as the case may be, shall produce, 

or cause to be produced, to the auditor all such accounts of the fund of the Gram 

Panchayat, the Panchayat Samiti or the Zilla Parishad concerned as may be required by 

the auditor. 

188. (1) 1 For the purposes of an audit under this Act an auditor may— 

(i) require in writing the production before him of any document or the supply of 

any information which he considers to be necessary for the proper conduct of the 

audit; 

Submission of 

accounts to audit. 

Power of auditors. 

159

(ii) require in writing the personal appearance before him of any person 

accountable for, or having the custody or control of, any such document, or 

having, directly or indirectly and whether by himself or his partner, any share or 

interest in any contract made with, by or on behalf of, the members of the Gram 

Panchayat, the Panchayat Samiti or Zilla Parishad concerned; and 

(iii) require any person so appearing before him to make and sign declaration in 

respect of any such document of to answer any question or prepare and submit 

any statement. 

(2) 

1 If any person neglects or refuses to comply with the requisition made by the 

auditor under sub-section (1), the auditor may, at any time, refer the matter to the 

Sub-divisional Officer in the case of a Gram Panchayat, or the District Magistrate 

in the case of a Panchayat Samiti, or the Divisional Commissioner in the case of 

a Zilla Parishad, having jurisdiction, and thereupon the Sub-divisional Officer or 

the District Magistrate or the Divisional Commissioner, as the case may be, shall 

be competent to issue such direction to the person neglecting or refusing to 

comply with the requisition made by the auditor as he may think fit, and such 

direction shall be binding on such person. 

Penalty. 

189. Any person who neglects or refuses to comply with the requisition made by the 

auditor under section 188, within such time as may be specified, shall, on conviction by a 

Court, be punishable with a fine which may extend to one hundred rupees is respect of 

each item included in the requisition. 

Audit report. 

190. (1) Within two months from the date on which an audit under this Act is 

completed, the auditor shall prepare a report and shall send the report to the 

Pradhan, the Sabhapati or the Sabhadhipati, as the case may be, of the Gram 

Panchayat, the Panchayat Samiti or the Zilla Parishad and a copy thereof to the 

State Government. 

(2) The auditor shall append to his report a statement showing— 

(a) the grants-in-aid received by the Gram Panchayat, the Panchayat Samiti or 

the Zilla Parishad and the expenditure incurred therefrom; 

160

(b) any material impropriety or irregularity which he may observe in the 

expenditure or in the recovery of the monies due to the Gram Panchayat, the 

Panchayat Samiti or the Zilla Parishad or in the accounts of the Gram Panchayat, 

the Panchayat Samiti or the Zilla Parishad Fund; 

(c) any loss or wastage of money or other property owned by or vested in the 

Gram Panchayat, the Panchayat Samiti or the Zilla Parishad. 

191. (1) Within two months from the receipt of the report referred to in section 

190, the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned 

shall, at a meeting, remedy any defect or irregularity pointed out in the report and 

shall also inform the auditor of the action taken by it. The Gram Panchayat, the 

Panchayat Samiti or the Zilla Parishad concerned shall give reasons or 

explanations in case any defect or irregularity is not removed. 

(2) If, within the period referred to in sub-section (1), no information is received 

by the auditor from the Gram Panchayat, the Panchayat Samiti, or the Zilla 

Parishad concerned or if the reasons or explanations given by it for not 

remedying any defect or irregularity as aforesaid is not considered sufficient by 

the auditor, the auditor shall if he has not already exercised or does not propose 

to exercise the powers conferred upon him by section 192, 1 [refer the matter to 

Sub-divisional Officer in the case of a Gram Panchayat, or the District Magistrate 

in the case of a Panchayat Samiti, or the Divisional Commissioner in the case of 

a Zilla Parishad, having jurisdiction, and thereupon the Sub-divisional Officer or 

the District Magistrate or the Divisional Commissioner, as the case may be, shall 

issue such direction to the Gram Panchayat, Panchayat Samiti or Zilla Parishad, 

as the case may be, as he may think fit.] 

1 (2A) If within thirty days from the date of issue of any direction under sub-section 

Action on audit 

report. 

(1), no information is received from the Gram Panchayat or the Panchayat Samiti 

or the Zilla Parishad, as the case may be, or if the reasons or explanations given 

by it for not removing the defect or irregularity pointed out in the report referred to 

in section 190 are not considered sufficient, the Sub-divisional Officer or the 

District Magistrate or the Divisional Commissioner, as the case may be, shall— 

161

(i) specially convene a meeting of the Gram Panchayat, the Panchayat Samiti 

or the Zilla Parishad, as the case may be, by giving seven days' notice to the 

members for discussion of the report as aforesaid, and may appoint an observer 

for such meeting who shall submit a report on the proceedings of the meeting in 

writing, duly signed by him, within a week of such meeting; 

(ii) refer the matter to the State Government with his recommendation for 

appropriate action under section 192A, section 196B, section 213 or section 214, 

as the case may be: 

Provided that the Sub-divisional Officer or the District Magistrate or the Divisional 

Commissioner, as the case may be, may make recommendations under all or 

any of the sections 192A, 196B, 213 and 214. 

(3) It shall be competent for the State Government to pass such orders thereon 

as it may think fit. The orders of the State Government shall, save as provided in 

sections 192 and 193, be final and the Gram Panchayat, the Panchayat Samiti or 

the Zilla Parishad concerned shall take action in accordance therewith. 

(4) If the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned 

fails to comply with the order within the period specified therein, the State 

Government may appoint a person to carry out the order, and may determine the 

remuneration payable to such person, and may direct that such remuneration 

and any cost incurred in carrying out the order shall be paid from the fund of the 

Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned. 

(5) A person appointed under sub-section (4) shall, for the purpose of carrying 

out the order, exercise any of the powers, which might have been exercised by 

the concerned Gram Panchayat, Panchayat Samiti or Zilla Parishad. 

Power of 

auditor to 

surcharge, 

etc. 

192. (1) Any person from whom any sum has been certified by the auditor to be due 

under section 192 may, within two months of the receipt by him of the certificate, appeal 

to the State Government to set aside or modify the disallowance, surcharge or charge in 

respect of which the certificate was made and the State Government may pass thereon 

such orders as it thinks fit, and such orders shall be final. 

162

(2) Where a person referred to in sub-section (2) of section 192, who has been 

surcharged as authorising an illegal expenditure, appeals to the State 

Government under this section, the State Government shall set aside such 

surcharge if it is proved to its satisfaction that such person voted for the 

resolution or motion in good faith. 

193. (1) Any person from whom any sum has been certified by the auditor to be 

due under section 192 may, within two months of the receipt by him of the 

certificate, appeal to the State Government to set aside or modify the 

disallowance, surcharge or charge in respect of which the certificate was made 

and the State Government may pass thereon such orders as it thinks fit, and 

such orders shall be final. 

(2) Where a person referred to in sub-section (2) of section 192, who has been 

surcharged as authorising an illegal expenditure, appeals to the State 

Government under this section, the State Government shall set aside such 

surcharge if it is proved to its satisfaction that such person voted for the 

resolution or motion in good faith. 

194. (1) The sum certified by the auditor to be due from any person under section 192 or 

where an appeal is made under sub-section (1) of section 193, such sum as may be 

ordered by the State Government to be due from such person shall, within two months of 

the date of certification, or order, as the case may be, be paid by such person to the Gram 

Panchayat, the Panchayat Samiti or the Zilla Parishad concerned which shall credit the 

sum to the fund of the Gram Panchayat, the Panchayat Samiti or Zilla Parishad 

concerned. 

(2) Any sum not paid in accordance with the provisions of subsection (1) shall be 

recoverable as a public demand and the Collector of the district shall, for the purposes of 

section 4 of the Bengal Public Demands Recovery Act, 1913, be deemed to be the person 

to whom such demand is payable. 

(3) The Collector of the district shall pay to the Gram Panchayat, the Panchayat Samiti 

or the Zilla Parishad concerned any sum recovered by him under sub-section (2). 

Appeal. 

Payment of 

certified sums. 

163

Certain costa 

and expences 

payble out of 

funds. 

Certain 

expences not 

chargeable to 

funds without 

previous 

sanction 

195. (1) All expenses incurred by the Gram Panchayat, the Panchayat Samiti or 

the Zilla Parishad concerned in complying with any requisition of the auditor 

under section 188 and in prosecuting an offender under section 189 shall be paid 

from the fund of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad 

concerned. 

(2) All expenses incurred by the Collector of the district in connection with the 

proceedings for recovery of any sum under sub-section (2) of section 194 from a 

person, if not recovered from the person, shall be paid from the fund of the Gram 

Panchayat, the Panchayat Samiti or the Zilla Parishad concerned. 

(3) If the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned 

fails to pay expenses referred to in sub-sections (1) and (2) within such period as 

may be determined by the State Government in this behalf, the State 

Government may attach the fund of the Gram Panchayat, the Panchayat Samiti 

or the Zilla Parishad concerned or any portion thereof. 

(4) After such attachment no person except an officer appointed in this behalf by 

the State Government shall in any way deal with the attached fund or portion 

thereof, but such officer may do all such acts in respect thereof, as the Gram 

Panchayat, the Panchayat Samiti or the Zilla Parishad concerned referred to in 

sub-section (1) might have done if the attachment had not taken place, and may 

apply the proceeds of the fund in satisfaction of the expenses due, the interest 

accruing in respect of such expenses and any additional expenses resulting from 

the attachment and any subsequent proceedings: 

Provided that no such attachment shall defeat or prejudice any charge or debt for 

which the fund attached was previously liable in accordance with law but all such 

prior charges and debt shall be paid out of the proceeds of the fund before any 

part of the proceeds of the fund is applied to the satisfaction of the costs and 

expenses payable to the State Government under this section. 

196. The members of the Gram Panchayat, the Panchayat Samiti or the Zilla 

Parishad concerned shall not without the previous sanction of the State 

Government incur any expenditure from the fund of the Gram Panchayat, the 

164

Panchayat Samiti or the Zilla Parishad concerned in connection with any appeal 

or proceedings against surcharge, in respect of which a certificate is issued by 

the auditor. 

1 196A. Notwithstanding anything contained in section 186, the accounts of the funds of a 

Gram Panchayat, a Panchayat Samiti or a Zilla Parishad shall be organised, examined 

and audited periodically by an officer appointed in this behalf by the State Government in 

such manner as the State Government may direct. 

1 196B. Notwithstanding anything contained in sections 186 and 196A, the State 

Government may issue direction for special audit of the Accounts of the funds of a Gram 

Panchayat, a Panchayat Samiti or a Zilla Parishad by such authority as the State 

Government may direct. 

197. Every member of a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad other 

than a member referred to in 2 [clauses (i) and (iii) of sub-section (2) of section 94 and 

clauses (i), (iii) and (iv) of subsection (2) of section 140] shall before taking his seat 

make and subscribe before such authority as may be specified by the Slate Government in 

this behalf, an oath or affirmation according to the form set out for the purpose in the 

Third Schedule, 

Oath or 

affirmation. 

1 197A. Notwithstanding anything to the contrary contained in this Act,— 

(a) if at a general election of members in Gram Panchayat, Panchayat Samiti or 

Zilla Parishad, poll in any constituency is countermanded or cannot be held, or, if 

held, the result of such election cannot be declared for any reason within such 

period as it considers reasonable, the State Government may, if it finds that at 

least two-thirds of total number of members for that Gram Panchayat, Panchayat 

Samiti or Zilla Parishad, as the case may be, 2 ****** have been elected and are 

competent to assume office, notify the constitution of such Gram Panchayat, 

Panchayat Samiti or Zilla Parishad, in the manner provided in this Act and the 

Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, shall 

165

e deemed to have been constituted under section 4, section 94 or section 140, 

respectively; 

(b) the name of any member of a Gram Panchayat, Panchayat Samiti or Zilla 

Parishad subsequently elected shall be notified in the Official Gazette and such 

member shall be entitled to assume office and remain a member for the 

unexpired period of 3 [five years] referred to in subsection (1) of section 7, subsection 

(1) of section 96 or sub-section (1) of section 141, respectively. 

4 197B. (1) Notwithstanding the provisions contained in sections 7, 96 and 141, if 

at any time the whole of the area of a constituency of a Gram Panchayat, a 

Panchayat Samiti or a Zilla Parishad is included in a municipality, 5 * * * * or Town 

Committee or a Cantonment, the member elected from such constituency to the 

Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, shall, 

as from the date of such inclusion, cease to be a member of the Gram 

Panchayat, Panchayat Samiti or Zilla Parishad concerned. 

(2) If for inclusion of whole of, the area of a constituency or constituencies of a 

Gram Panchayat in a municipality 1 * * * * or a Town Committee or a Cantonment 

under sub-section (1), the number of members of a Gram Panchayat falls short 

of the number referred to in sub-section (2) of section 4, the Gram Panchayat 

shall continue to function in accordance with the direction of the State 

Government till its reconstitution or unification with another Gram Panchayat 

under clause (d) of sub-section (3) of section 3. 

Validation. 

Members,offi 

cers and 

employees to 

be public 

servants. 

198. No act or proceeding of a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad, 

shall be deemed to be invalid merely by reason of the existence of any vacancy in the 

Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, or any defect 

or irregularity in the constitution thereof. 

199. All members, officers and employees of the Gram Panchayat, Panchayat Samiti and 

Zilla Parishad shall be deemed, when acting or purporting to act in pursuance of the 

discharge of their duties, or in the exercise of their powers under this Act or under the 

166

ules or bye-laws made thereunder, to be public servants within the meaning of section 21 

of the Indian Penal Code. 

200. No suit or other legal proceeding shall lie against a Gram Panchayat, a Panchayat 

Samiti, a Zilla Parishad or against any member thereof or any officer or employee for 

anything in good faith done or intended to be done in pursuance of this Act or of any 

rules or bye-laws made thereunder. 

Indemnity. 

201. (1) If any dispute arises between two or more Gram Panchayats within the 

jurisdiction of the same Panchayat Samiti, if shall be referred to the Panchayat Samiti by 

any party to the dispute and the decision of the Panchayat Samiti thereon shall be final. 

(2) If any dispute arises between two or more Panchayat Samitis or between two or 

more Gram Panchayats within the jurisdiction of different Panchayat Samitis or between 

a Panchayat Samiti and a Gram Panchayat, within the jurisdiction of the same Zilla 

Parishad, it shall be referred to the Zilla Parishad by any party to the dispute and the 

decision of the Zilla Parishad thereon shall be final. 

(3) If any dispute arises— 

(a) between a Gram Panchayat or a Panchayat Samiti within a district on the one side 

and the Zilla Parishad of the same district on the other, or 

(b) between two or more Zilla Parishads, or 

(c) between one or more Gram Panchayats in one district on the one side and one or 

more Gram Panchayats in another district on the other, or 

(d) between one or more Panchayat Samitis in one district on the one side and one or 

more Panchayat Samitis in another district on the-other, or 

(e) between one or more Gram Panchayats in one district on the one side and one or 

more Panchayat Samitis in another district on the other, or 

(f) between one or more Gram Panchayats in one district on the one side and the Zilla 

Parishad of another district on the other, or 

(g) between one or more Panchayat Samitis in one district on the one side and the Zilla 

Parishad of another district on the other, 

the dispute shall be referred to the State Government by any party to the dispute and the 

decision of the State Government thereon shall be final. 

Reference of 

dispute. 

167

202. [(Bar of Simultaneous candidature for election.)—Omitted by s. 17 of the West 

Bengal Panchayat (Amendment) Act, 2003 (West Ben. Act VIII of 2003)]. 

1 202A. A member— 

(a) of a Gram Panchayat on being elected a member of a Panchayat Samiti or a Zilla 

Parishad, 

(b) of a Panchayat Samiti on being elected a member of a Gram Panchayat or a Zilla 

Parishad, 

(c) of a Zilla Parishad on being elected a member of a Gram Panchayat of a Panchayat 

Samiti, 

(d) of a Nyaya Panchayat on being elected a member of a Gram Panchayat or a 

Panchayat Samiti or a Zilla Parishad, 

shall cease to be the member of the Gram Panchayat or the Nyaya Panchayat or the 

Panchayat Samiti or the Zilla Parishad, as the case may be, with effect from the date on 

which he is declared elected to the Gram Panchayat, Panchayat Samiti or Zilla Parishad, 

as the case may be, and shall continue to be a member of the Gram Panchayat or the 

Panchayat Samiti or the Zilla Parishad, as the case may be, to which he is elected. 

204. [(Elections.)—Omitted by s. 18 of the West Bengal Panchayat (Amendment) Act, 

2003 (West Ben. Act VIII of 2003)]. 

Inspection. 

205. (1) The State Government shall appoint a Director of Panchayats and such other 

officers as it may consider necessary for the purpose of inspecting or superintending the 

work of all, or any class of, Gram Panchayat, Panchayat Samitis or Zilla Parishads. 

(2) An officer appointed to inspect or superintend the work of a Gram Panchayat, 

Panchayat Samiti or Zilla Parishad may at any time— 

(a) inspect or cause to be inspected any immovable property used or occupied by the 

Gram Panchayat, Panchayat Samiti or Zilla Parishad or any work in progress under the 

direction of the Gram Panchayat, Panchayat Samiti or Zilla Parishad; 

(b) inspect or examine, or depute any other officer of the Government to inspect or 

examine, any department of the Gram Panchayat, Panchayat Samiti or Zilla Parishad or 

168

any service, work or thing under the control of the Gram Panchayat, Panchayat Samiti or 

Zilla Parishad; 

(c) require, for the purposes of inspection or examination, the Gram Panchayat, 

Panchayat Samiti or Zilla Parishad— 

(i) to produce any book, record, correspondence, plan or other document, or 

(ii) to furnish any return, plan, estimate, statement, accounts or statistics, or 


(3) The Divisional Commissioner or any other officer not below the rank of a '[Joint 

Block Development Officer of The Block] when authorised by the State Government in 

this behalf, may exercise all or any of the powers conferred on an inspecting officer under 

sub-section (2). 

(4) When an inspection of a Gram Panchayat, Panchayat Samiti or Zilla Parishad is 

undertaken by any officer referred to in sub-section (3), a report of such inspection shall 

be submitted by such officer to the State Government. 

206. The State Government may, by notification, delegate, subject to such conditions as it 

may specify all or any of its powers under this Act except the powers mentioned in 

section 224 to any person or authority subordinate to it. 

Delegation. 

1 206A. (1) 

2 As soon as may be after the commencement of the West Bengal 

Panchayat (Amendment) Act, 1994, and thereafter at the expiry of every five 

years, there shall be a Finance Commission constituted by the Governor, by 

notification, under clause (1) of article 243-1 of the Constitution of India which 

shall consist of not more than five members including the Chairman, selected 

from amongst the jurists, economists, administrators and social and political 

workers of eminence. 

(2) The Finance Commission shall review the financial position of the 

3 [Panchayats] and shall make recommendations as to — 

(a) the principles which should govern — 

(a) the distribution between the State and the \Panchayats] of the net 

proceeds of taxes, duties, tolls and fees leviable by the State, 

which may be divided between them, and the allocation between 

169

the \Panchayats] at all levels of their respective shares of such 

proceeds; 

(b) the determination of taxes, duties, tolls and fees which may be 

assigned to, or appropriated by, the 3 [Panchayats]; 

(c) the grants-in-aid to the 3 [Panchayats] from the Consolidated Fund 

of the State; 

(b) any other matter referred to the Finance Commission by the 

4 [Governor] in the interest of sound finance of the 3 [Panchayats\. 

(3) The Chairman and the other members of the Finance Commission shall hold 

office for one year and 5 [the term of office may be extended for six months at a 

time by the State Government by notification, and they shall be paid such fees 

and allowances as the State Government may, by order, determine.] 

(4) The Chairman or any other member of the Finance Commission may resign 

his office by writing under his hand addressed to the Chief Secretary to the 

Government of West Bengal, but he shall continue in office until his resignation is 

accepted by the State Government. 

(5) 

1 The Finance Commission shall, in the performance of its functions, 

determine its own procedure, and exercise such powers, summon such persons 

and examine such records as may be prescribed. 

(6) 

2 The Governor, on receipt of the recommendations of the Finance 

Commission, shall take such actions as may be considered necessary, and the 

recommendations of the Finance Commission together with an explanatory 

memorandum of actions taken thereon, shall be laid for not less than fourteen 

days before the State Legislature as soon as possible after such 

recommendations are received and shall be accepted with such modifications as 

the State Legislature may make during the session in which they are so laid. 

(7) The State Government may appoint a Secretary for the Finance Commission 

and such other officers and employees as that Government may think necessary, 

and may determine the salaries of the Secretary and the other officers and 

employees. 

170

207. (1) The State Government may transfer any institution under its management or 

control to a Zilla Parishad or a Panchayat Samiti or a Gram Panchayat subject to such 

conditions, limitations and restrictions as may be agreed upon. 

(2) When any institution is transferred under sub-section (1), persons employed by the 

State Government shall with effect from the date of such transfer be deemed to be 

employed by the Zilla Parishad or Panchayat Samiti or Gram Panchayat to which such 

institution is transferred, on terms and conditions, not being less advantageous than what 

they were entitled to immediately before such transfer. 

5 207A. (1) Notwithstanding anything to the contrary contained in this Act or in 

Transfer of 

institution. 

any other law for the time being in force,— 

(a) upon the issue of any direction to any Gram Panchayat, Panchayat Samiti or 

Zilla Parishad to exercise any power or perform any function or discharge any 

duty, or 

(b) upon the transfer to any Gram Panchayat, Panchayat Samiti or Zilla Parishad 

of any function, or control and management of any property, 

under any provisions of this Act, the State Government shall, subject to such 

conditions as it may deem fit to impose, place at the disposal of the Gram 

Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, the services 

of such officers and employees as may be necessary to enable it to exercise 

such power or perform such function or discharge such duty, as the case may 

be. 

(2) The officers and employees whose services are so placed at the disposal of 

the Gram Panchayat, Panchayat Samiti or Zilla Parishad, shall continue to be the 

employees of the State Government and their salary, allowances and other 

benefits shall be met from the Consolidated Fund of the State: 

Provided that where any disciplinary or other action is required to be taken 

against any such officer or employee, the Gram Panchayat, Panchayat Samiti or 

Zilla Parishad, as the case may be, shall make a reference to the State 

Government for appropriate action. 

(3) Where any power or function or duty is conferred or imposed on any Gram 

Panchayat, Panchayat Samiti or Zilla Parishad by or under any other law for the 

171

time being in force, such law shall have effect as if this section had formed a part 

of such law, and thereupon such law shall be deemed to have been amended 

accordingly. 

'207B. (1) Without prejudice to the generality of the provisions contained in section 207 

or elsewhere in this Act, the State Government may, by order published in the Official 

Gazette, transfer, under such terms and conditions as may be specified in the order, to a 

Panchayat such powers, functions and duties as are exercised, performed and discharged 

by the State Government under any law made by the State Legislature or otherwise under 

the executive power of the State in relation to any or all of the following matters:— 

(i) agriculture including agricultural extension, agricultural marketing and 

food processing; 

(ii) irrigation, minor irrigation and water management; 

(iii) animal resources development; 

(iv) health and family welfare; 

(v) public health engineering and rural water supply; 

(vi) social welfare, women and child development, welfare of handicapped, 

mentally retarded and weaker sections of people; 

(vii) land and land reforms, land improvement and soil conservation; 

(viii) co-operation; 

(ix) khadi, and cottage and small scale industries; 

(x) rural housing; 

(xi) public works and communications; 

(xii) education including primary and secondary schools, technical training, 

vocational education, libraries and cultural activities; 

(xiii) fisheries; 

(xiv) social forestry, farm forestry and minor forest-produce; (xv) rural 

electrification including distribution of power and non-conventional energy 

sources; 

(xv) poverty alleviation programme; 

(xvi) public distribution system. 

172

(2) Upon the transfer of any powers, functions or duties under subsection (7), the State 

Government shall allot to the Panchayat such fund and personnel as may be necessary to 

enable that Panchayat to exercise the powers, perform the functions or discharge the 

duties so transferred. 

(3) here any powers, functions or duties conferred by or under any other law for the time 

being in force, are transferred or delegated to a Panchayat, such law shall have effect as 

if this section had formed a part of such law, and thereupon such law shall be deemed to 

have been amended accordingly. 

208. Notwithstanding anything contained in the Limitation Act, 1963, the period of 

limitation for the institution of any suit by or on behalf of a Gram Panchayat, a 

Panchayat Samiti or a Zilla Parishad for the possession of any immovable property 

vested in such Gram Panchayat, Panchayat Samiti or Zilla Parishad from which it has 

been dispossessed or of which it has ceased to have possession shall be sixty years from 

the date of dispossession or discontinuance. 

209. (1) The State Government may, by order in writing, rescind any resolution 

passed by a Gram Panchayat, Panchayat Samiti or Zilla Parishad, if in its opinion 

such resolution— 

(a) has not been legally passed, or 

(b) is in excess or abuse of the powers conferred by or under this Act or any 

rules made thereunder. 

(2) The State Government shall, before taking any action under sub-section (1), 

give the Gram Panchayat, Panchayat Samiti or Zilla Parishad concerned an 

opportunity of making any representation against the proposed order. 

(3) The prescribed authority may, by order, in writing suspend the execution of 

any resolution or order of a Gram Panchayat, Panchayat Samiti or Zilla Parishad 

or prohibit the doing of any act which is about to be done or is being done, in 

pursuance of, or under cover of, this Act or any rules made thereunder, if in his 

opinion the resolution, or order or act is in excess '[or an abuse] of the powers 

conferred by or under this Act or any rules made thereunder, or the execution of 

the resolution or order, or the doing of the act, is likely to lead to serious breach 

Period of 

limitation for 

suits. 

Power of State 

Government to 

rescind or 

suspend 

resolution of a 

Gram 

Panchayat,Panc 

hayat Samiti or 


173


Planning Board 

and the District 

Planning 

Committee. 

Directions by 

State 

Government. 

Power of 

remove 

Pradhan,Upa- 

Pradhan,Sabhap 

ati,Sahakari 

Sabhapati,Sabh 

adhipati and 

Sahakari 

Sabhadhipati. 

of the peace or to cause serious injury or annoyance to the public, or to any body 

of persons. 

(4) When the prescribed authority makes an order under sub-section (3), he 

shall forthwith forward a copy thereof, with a statement of his reason for making 

it, to the State Government, who may thereupon rescind the order or direct that it 

shall continue in force with or without modification, permanently or for such 

period as it thinks fit. 

210. [(Appointment of members by State Government.)—Omitted by s. 35 of the 

West Bengal Panchayat (Amendment) Act, 1992 (West Ben. Act XVII of 1992)]. 

211. The State Planning Board and the District Planning Committee shall have 

power to supervise and evaluate the works of any Gram Panchayat, Panchayat 

Samiti or Zilla Parishad. 

122. In the discharge of their functions the Gram Panchayat, the Panchayat 

Samiti and the Zilla Parishad shall be guided by such instructions or directions as 

may be given to them by the State Government from time to time in conformity 

with the provisions of this Act. 

213. (1) The State Government may, notwithstanding anything contained in 

2 [sub-section (3), of section 9], sub-section (3) of section 93 and sub-section (3) 

of section 143, by an order in writing, remove with effect from a date to be 

specified in the order any Pradhan or Upa-Pradhan, any Sabhapati or Sahakari 

Sabhapati or any Sabhadhipati or Sahakari Sabhadhipati from his office if, in its 

opinion, he willfully omits or refuses to carry out the provisions of this Act or of 

any rules or orders made thereunder or abuses the powers vested in him under 

this Act. 

(2) The State Government shall, before making any order under subsection (1) 

give to the person concerned an opportunity of making a representation against 

the proposed order. 

1 213A. (1) Notwithstanding anything to the contrary contained in this Act or in 

any other law for the time being in force, the prescribed authority for such 

Panchayat as may be specified by notification in this behalf, may, subject to the 

174

other provisions of this section, declare, for reasons to be recorded in writing, a 

member of such Panchayat to be disqualified for being a member thereof, if— 

(a) he is an elected member set up by a recognised political party and has— 

(i) voluntarily given up his membership of such recognised political party, or 

(ii) exercised the voting right contrary to the manner of voting of the majority 

members set up by such recognised political party in such Panchayat; or 

(b) he is an elected member not set up by any recognised political party and he 

has joined a recognised political party on the expiry of six months from the date 

of election: 

Provided that the prescribed authority shall not declare any member to be 

disqualified under this section without giving to such member a reasonable 

opportunity to represent his case and to be heard in person: 

Provided further that an elected member referred to in sub-clause (ii) of clause 

(a) shall not, on the prescribed authority being satisfied in this behalf, be declared 

to be disqualified, if— 

(a) the action of such member was taken on obtaining prior permission of, or 

was condoned by, such recognised political party, or 

(b) such member claims that he and any other members of such recognised 

political party in the Panchayat constitute a group representing a faction 

consisting of not less than one-third of the total number of members set up by 

such recognised political party in the Panchayat and that all the members of such 

group have voluntarily given up their membership of such recognised political 

party, or 

(c) the former recognised political party of the member merges with another 

recognised political party, and he claims that he and other members of his former 

recognised political party, or 

(i) have become members of such other recognised political party or of a new 

recognised political party formed out of merger, as the case may be, or 

(ii) have not accepted the merger, and from the lime of such merger, he and 

such other members constituting not less than one-third of the total number of 

members set up by the former recognised political party in the Panchayat, 

175

have opted to remain members of the former recognised political party or 

have formed a new recognised political party. 

(2) On being declared to be disqualified under sub-section (1), a member shall, 

subject to the provisions of sub-section (12), stand removed from the Panchayat 

from the date of such declaration. 

(3) As soon as may be within one month from the date of the first meeting of a 

Panchayat or within one month from the date on which this section comes into 

force, as the case may be, elected members set up by the recognised political 

parties shall, by adopting a resolution, select one member from amongst 

themselves to be the Leader and such Leader shall, within fifteen days from the 

date of such selection, furnish to the prescribed authority referred to in subsection 

(1) — 

(i) a copy of the resolution, 

(ii) a signed statement containing the names, addresses and constituencies of 

himself and other members set up by such recognised political party, and 

(iii) a copy of a set of rules and regulations, if any, by whatever name called, of 

such recognised political party: 

Provided that an office-bearer may also hold the office of the Leader: 

1 Provided further that the prescribed authority referred to in sub-section (1) shall 

not refuse to accept, or to rely on, the documents furnished by the Leader merely 

on the ground that the resolution selecting the Leader was not adopted within 

one month from the date of the first meeting of the Panchayat or within one 

month from the date on which this section comes into force, as the case may be, 

or that the documents as aforesaid were not furnished to him within fifteen days 

from the date of such selection. 

(4) Where there is only one elected member set up by a recognised political 

party in a Panchayat, he shall furnish the documents referred to in sub-section 

(5) in relation to himself: 

Provided that in the event of any increase in the number of members of such 

recognised political party, the provisions of sub-section (3) shall apply as if the 

176

first meeting of the Panchayat was held or this section came into force, as the 

case may be, on the date on which such increase took place. 

(5) A member not belonging to any recognised political party shall furnish a 

statement to that effect to the prescribed authority referred to in sub-section (1) 

within one month from the date of the first meeting of the Panchayat. 

(6) In the event of any change of the information furnished under sub-section (3), 

sub-section (4) or sub-section (5), the Leader or the member, as the case may 

be, shall, as soon as may be within fifteen days from the date of such change, 

furnish in writing such change of information to the prescribed authority referred 

to in sub-section (1). 

(7) The Leader of any recognised political party referred to in sub-section (3) 

may at any time file a petition endorsed by the General Secretary, or, if there is 

no General Secretary, the Secretary, of the district unit of such recognised 

political party to the prescribed authority referred to in sub-section (7), stating 

that— 

(a) one or more members of such recognised political party have— 

(i) voluntarily given up his or their membership of such recognised political 

party, or 

(ii) have exercised the voting right contrary to the manner of voting of the majority 

members set up by such recognised political party in the Panchayat, or 

(b) the member referred to in sub-section (4) has voluntarily given up his 

membership of the recognised political party that set him up, or 

(c) the member referred to in sub-section (5) has joined a recognised political 

party on the expiry of six months from the date of election, and that such member 

or members should be declared to be disqualified under sub-section (7) and 

should be removed from the Panchayat. 

(8) Every petition referred to in sub-section (7)— 

(a) shall contain a concise statement of the material facts on which the petitioner 

relies, and 

(b) shall be accompanied by copies of the documentary evidence, if any, on 

which the petitioner relies and, where the petitioner relies on any information 

177

furnished to him by any person or persons, a statement containing the names 

and addresses of such person or persons and the gist of such information as 

furnished by such person or each of such persons. 

(9) On receipt of the petitioner referred to in sub-section (7), the prescribed 

authority referred to in sub-section (1) shall, as soon as possible within six weeks 

from the date of the receipt of such petition, proceed to make an enquiry to 

satisfy himself, among others, as to— 

(a) the common decision in regard to the manner of voting to be exercised by the 

majority members set up by the recognised political party, and 

(b) whether the member or members against whom such petition is filed, 

exercised the voting right, in a meeting of the Panchayat contrary to such manner 

of voting. 

(10) For the purpose of enquiry under sub-section (9), the prescribed 

authority may summon such members of the recognised political party or other 

persons, and require such signed statements from, and production of such 

documents and records by, the members or other persons as aforesaid, as he 

may deem necessary. 

(11) As soon as possible within eight weeks from the date of receipt of the 

petition referred to in sub-section (7), the prescribed authority shall, in 

consideration of the facts and the documents and the records before it,— 

(a) reject the petition, or 

(b) admit the petition wholly or in part and declare any member or members to 

be disqualified under sub-section (1) for being members of the Panchayat. 

(12) Any member of a Panchayat declared disqualified under subsection (1) 

or the Leader of the recognised political party referred to in sub-section (7), if 

aggrieved by the decision of the prescribed authority, may, within thirty days from 

the date of the order, appeal to such authority as the State Government may 

appoint in this behalf, and, thereupon, the authority so appointed may stay the 

operation of the order till the disposal of the appeal and may, after giving notice 

of the appeal to the prescribed authority, and 1 [after giving the appellant and the 

opposite parties an opportunity of being heard, set aside or confirm the order or 

178

declare any member or members to be disqualified in the manner referred to in 

sub-section (1) and, upon such declaration, the member or members shall stand 

removed from the Panchayat.] 

(13) The order passed by the authority appointed under subsection (12) on 

the appeal shall be final. 

(14) Notwithstanding anything to the contrary contained in this Act or in any 

other law for the time being in force, no court shall have any jurisdiction in 

respect of any matter arising out of a member being declared to be disqualified 

under sub-section (1) for being a member of the Panchayat. 

(15) The State Government may, by notification, make rules for carrying out 

the purposes of this section. 

Explanation.—For the purposes of this section, an elected member shall be 

deemed to be set up by a recognised political party if he has contested election 

with the symbol reserved for such recognised political party or if he has 

contested election with a free symbol and joins a recognised political party and 

furnishes a declaration to that effect to the prescribed authority referred to in subsection 

(7) before the expiry of six months from the date of election. 

1 213B. (1) Notwithstanding anything to the contrary contained in this Act or in any other 

law for the time being in force, the prescribed authority for such Panchayat as may be 

specified by notification, may, after giving an office bearer or member of such Panchayat 

an opportunity to show cause against such action as may be proposed to be taken against 

him, place such office bearer or member under suspension, if he— 

(i) has, prima facie, been found to be guilty of criminal breach of trust or criminal 

negligence or gross financial irregularity or impropriety in an inspection report on audit 

of accounts and his suspension is necessary to prevent any likely delay in further 

investigation or any tampering or destruction of records, or 

(ii) has, in an inspection held by a competent authority, prima fade, been found 

guilty of criminal breach of trust, financial irregularity, misuse or abuse of power for 

wrongful gain or gross negligence of duty requiring penal action by a competent 

179

authority and his suspension is necessary to prevent any likely delay in further 

investigation or any tampering or destruction of records, or 

(iii) 

2 has been implicated in a proceeding commenced against him on any criminal 

charge referred to in clause (h) of section 8, section 97 or section 142, as the case may be, 

and in pursuance of such proceeding, either he has been detained in custody for a period 

exceeding forty-eight hours or a charge in the precise formulation of the specific 

accusation within the concept and meaning of the Code of Criminal Procedure, 1973, has 

been framed against him in a competent court of law: 

1 Provided that the prescribed authority immediately after placing the office bearer under 

suspension, shall proceed to cause a full enquiry into the accusations made against such 

office bearer and on completion of such enquiry, may— 

(a) institute a proceeding against him on a criminal charge under any law for the time 

being in force, 

(b) furnish a proposal to a competent authority recommending such legal measures 

against him under the Act or any rule thereunder as deemed appropriate, or 

(c) revoke the order for suspension and reinstate him in his office with such direction as 

may be deemed fit, if the prescribed authority is of the opinion that there is reasonable 

ground to believe that there has been an irregularity committed without proof of any 

criminal intent and without any wrongful gain to him or any wrongful loss to the 

Panchayat and on such reinstatement, such office bearer shall be deemed to hold the 

charge of his office without any interruption because of suspension, 

(2) 

2 When an office bearer in a Panchayat is placed under suspension under sub-section 

(1)— 

(a) subject to the provisions under clause (b), the other office bearer in such Panchayat 

shall exercise the powers, perform the functions and discharge the duties of the office 

bearer under suspension, under sub-section (4) or sub-section (5) of section 9, section 98 

or section 143, as the case may be, 

(b) notwithstanding the provision under clause (a), such Panchayat may, by majority 

decision of the existing members directly elected to that Panchayat, in a meeting 

specially convened for the purpose, select a person from among them not being an office 

bearer, to act temporarily in place of the office bearer under suspension and on being so 

180

selected, he shall exercise the powers, perform the functions and discharge the duties of 

such office bearer until the office bearer placed under suspension is reinstated in his 

office or is subsequently removed or vacates the office by resignation or otherwise in 

conformity with the provisions of the Act and the rules made thereunder; 

Provided that the notice of such meeting shall be given by the office bearer holding the 

charge with an intimation to the prescribed authority referred to in first proviso to subsection 

(1) of section 16, section 105 or section 150, as the case may be, and such 

prescribed authority may appoint an observer for such meeting who shall submit to the 

prescribed authority a report in writing within a week of the meeting on the proceedings 

of the meeting. 

(3) Any office-bearer or member, who is placed under suspension under sub-section (1), 

may within thirty days from the date of the order of suspension, prefer an appeal to such 

authority as the State Government may appoint in this behalf and thereupon the authority 

so appointed may stay the operation of the order till the disposal of the appeal and may, 

after giving notice of the appeal to the prescribed authority and after giving the appellant 

an opportunity of being heard, modify, set aside or confirm the order. 

(4) The order passed by the authority as aforesaid on such appeal shall be final. 

214. (1) If, in the opinion of the State Government, any Gram Panchayat, 

Panchayat Samiti or Zilla Parishad— 

(i) has shown its incompetence to perform or has persistently made default in 

the performance of the duties imposed on it by or under this Act or any other law, 

or 

(ii) has exceeded or abused its powers, 

the State Government may, by order, to be published in the Official Gazette 

stating the reasons therefor supersede the Gram Panchayat, Panchayat Samiti 

or Zilla Parishad, as the case may be, and direct that it be reconstituted 1 [within 

such period not exceeding six months] as may be specified in the order: 

1 Provided that the members of the Gram Panchayat, Panchayat Samiti or Zilla 


Government to 

supersede a 

Gram 

Panchayat,Panc 

hayat Samiti or 


Parishad as reconstituted shall hold office for the unexpired portion of the period 

for which the members of the Gram Panchayat, Panchayat Samiti or Zilla 

181

Parishad, as the case may be, would have held office has the Gram Panchayat, 

Panchayat Samiti or Zilla Parishad, as the case may be, not been superseded. 

(2) The State Government shall, before making any order under subsection (1), 

give the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad, as the 

case may be, opportunity of making a representation against the proposed order. 

2 214A. (1) There shall be a District Council for Panchayat in each district 

consisting of the following members:— 

(i) Adhyaksha or the Chairperson—the Leader of the recognised political party 

in opposition having largest number of members directly elected with the 

reserved symbol of such recognised political party in the Zilla Parishad or the 

Mahakuma Parishad: Provided that if, in a term of general election, no member in 

opposition is elected with the reserved symbol of a recognised political party in a 

Zilla Parishad or Mahakuma Parishad, the Adhyaksha for that term shall be 

elected from amongst the members, not being Sabhadhipati, Sahakari 

Sabhadhipait or Karmadhyaksha, by the members of the Zilla Parishad or the 

Mahakuma Parishad, as the case may be, on majority vote in a meeting; 

(ii) Upadhyaksha or the Vice-Chairperson—to be elected from amongst the 

members, not being the Sabhadhipati, Sahakari Sabhadhipati or 

Karmadhyaksha, by the members of the Zilla Parishad or the Mahakuma 

Parishad, as the case may be, on majority vote in a meeting; 

(iii) five members elected by the members of the Zilla Parishad or the 

Mahakuma Parishad, as the case may be, from amongst themselves; 

(iv) three members, being officers of the Stale Government or of any 

statutory body or corporation and having such specialised knowledge as the 

State Government may think fit, nominated by the State Government; 

(v) Additional Executive Officer of the Zilla Parishad or the Mahakuma 

Parishad—Member-Secretary. 

(2) Notwithstanding anything to the contrary contained in this Act or in any other 

law for the time being in force, the functions of the District Council shall be as 

follows:— 

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(a) to examine the accounts of the Panchayats within its territorial jurisdiction, in 

relation to the budget approved by the Panchayats concerned for the expenditure 

to be incurred by such Panchayats, the annual report of such Panchayats and 

such other accounts of such Panchayats as the District Council may think fit; 

(b) to satisfy itself, while scrutinizing the accounts of the Panchayats, that— 

(i) the moneys shown in the accounts as having been disbursed where 

legally available for, and applicable to, the service or purpose to which they have 

been applied, 

(ii) the expenditure conforms to the rules governing such expenditure and 

also the financial proprieties of such expenditure, and 

(iii) every re-appropriation has been made in accordance with such rules as 

are applicable; 

(c) to consider the inspection reports on the annual audit of accounts of any 

Panchayat within its jurisdiction, conducted by the auditors appointed under 

section 186, and to examine the replies thereto furnished by the respective 

Panchayats; 

(d) to examine the accounts of stores and stocks maintained by the Panchayats 

within the area of their respective jurisdictions; 

(e) to pursue the matters relating to the unsettled objections raised in any 

inspection report on audit of accounts of such Panchayats and refer such matters 

to the authorities concerned suggesting corrective actions; 

(f) to suggest ways and means to remove the difficulties, if any, experienced by 

the Panchayats in giving effect to any provision of this Act or the rules made 

thereunder within their respective jurisdictions. 

(3) The term of office of the members of the District Council shall be for the 

entire period of the term of office of the members of the Zilla Parishad, unless a 

member of the District Council is restrained by any other provision of this Act 

from continuing as a member of the Zilla Parishad. 

(4) The District Council shall determine its own procedure and shall have the 

right to obtain a copy of every inspection report on audit of accounts of any 

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Consequenence 

s of 

supersession. 

Panchayat within the area of its jurisdiction and may call for any record of any 

Panchayat within such area to be produced for its inspection. 

(5) Without prejudice to the generality of the provisions in subsection (4), the 

State Government may, be general or special order, provided for— 

(a) the procedure for convening of the meetings of the District Council and the 

procedure for the meetings, 

(b) the powers and duties of the Secretary of the District Council, 

(c) the terms of office of different members of the District Council and the 

travelling allowances admissible to such members. 

(6) Any elected or nominated member of the District Council may resign his 

office as such member by tendering his resignation in writing to the Sabhadhipati 

of the Zilla Parishad or the Mahakuma Parishad, as the case may be, and such 

resignation shall take effect from the date on which it is accepted by the 

Sabhadhipati. 

(7) Any casual vacancy in the office of any member of the District Council shall 

be filled in such manner as may be prescribed and the member elected or 

nominated to fill such casual vacancy shall hold office for the unexpired portion of 

the term of the Zilla Parishad. 

215. (1) When an order of suppression has been passed under section 214 then 

with effect from the date of the order— 

(a) all the members of the Gram Panchayat, the Panchayat Samiti or the Zilla 

Parishad, as the case may be, and all the members of the Sthayee Samitis 

thereof shall vacate their offices; 

(b) all the powers, duties and functions which, under the provisions of this Act or 

any rule or bye-law made thereunder or any law for the time being in force, may 

be exercised, discharged or performed by the Gram Panchayat, the Panchayat 

Samiti or the Zilla Parishad, as the case may be, or any Sthayee Samiti thereof 

shall be exercised, discharged or performed by such authority, person or persons 

as may be appointed by the State Government in this behalf; 

(c) all properties vested in the Gram Panchayat, the Panchayat Samiti or the 

Zilla Parishad, as the case may be, shall remain vested in the State Government 

184

until the reconstitution of such Gram Panchayat, Panchayat Samiti or Zilla 

Parishad. 

(2) On the reconstitution of the Gram Panchayat, Panchayat Samiti or Zilla 

Parishad, as the case may be, the authority, person or persons appointed under 

clause (b) of sub-section (1) shall cease to exercise his functions. 

216. Where by reason of an order of a competent court a Gram Panchayat, a 

Panchayat Samiti or a Zilla Parishad is unable to exercise or perform the powers, 

duties or functions conferred or imposed on it by or under any law, the State 

Government may appoint any authority, person or persons to exercise or 

perform, as the case may be, during the period of such inability, any or all of such 

powers, duties and functions in such manner and under such conditions as the 

State Government may direct. 

Special 

provision in 

case of 

prohibitory 

orders from 

Courts. 

217. (1) After the coming into force of this Act in any area, the Slate Government 

may appoint any authority, person or persons for any Gram Panchayat or Anchal 

Panchayat constituted in that area under the West Bengal Panchayat Act, 1957, 

or any Anchalik Parishad or Zilla Parishad established in that area under the 

West Bengal Zilla Parishads Act, 1963, and the authority, person or persons so 

appointed shall exercise, perform and discharge all the powers, functions and 

duties of such Gram Panchayat, Anchal Panchayat, Anchalik Parishad or Zilla 

Parishad, as the case may be. 

(2) With the appointment of the authority, person or persons referred to in subsection 

(1), all the members of the Gram Panchayat, Anchal Panchayat, Anchalik 

Parishad or Zilla Parishad, as the case may be, in respect of which such 

authority, person or persons, as the case may be, has been so appointed shall 

vacate their offices as such members. 

218. With effect from the date of the coming into office of a Gram Panchayat 

under sub-section (4) of section 4, the provisions of the West Bengal Panchayat 

Act, 1957, 1 [relating to Gram Sabha, Gram Panchayat, Anchal Panchayat and 

Nyaya Panchayat shall stand repealed within the territorial limits of the Gram and 

Transitory 

provisions. 

Repeal. 

185

Vesting. 

the Union Board constituted under the Bengal Village Self-Government Act, 

1919, shall cease to function]. 

(1) With effect from the date of the coming into office of a Panchayat 

Samiti under sub-section (3) of section 94, 2 * * * * the provisions of the 

West Bengal Zilla Parishads Act, 1963, relating to Anchalik Parishads 

shall stand repealed within the territorial limits of the Block. 

(2) With effect from the date of the coming into office of a Zilla Parishad 

under sub-section (3) of section 140, the provisions of the West Bengal 

Zilla Parishads Act, 1963, relating to Zilla Parishads shall stand repealed 

in the district. 

219. When in consequence of the repeal of the enactment referred to in section 

218 any Gram Panchayat, Nyaya Panchayat or Anchal Panchayat constituted 

under the West Bengal Panchayat Act, 1957, or any Anchalik Parishad or Zilla 

Parishad established under the West Bengal Zilla Parishads Act, 1963, ceases to 

exist 1 [or when the Union Board constituted under the Bengal Village Self- 

Government Act, 1919, ceases to function,] in any area— 

(a) the authority, person or persons, if any, appointed under section 217 in 

respect of such Gram Panchayat, Anchal Panchayat, Anchalik Parishad or Zilla 

Parishad, as the case may be, shall cease to exercise all functions; 

(b) all properties movable or immovable and all assets— 

(i) vested in such Gram Panchayat shall vest in the Gram Panchayat or 

Gram Panchayats constituted under this Act in such area in accordance with 

such allocation as may be determined by the prescribed authority and such 

determination shall be final, 

(ii) vested in such Anchal Panchayat shall vest in such Gram Panchayat or 

Gram Panchayats constituted under this Act in such area in accordance with 



2 (iia) vested in such Union Board shall vest in such Gram Panchayat or Gram 

Panchayats constituted under this Act in such area in accordance with such 

186

allocation as may be determined by the prescribed authority and such 


(iii) vested in such Anchalik Parishad shall vest in such Panchayat Samiti or 

Panchayat Samitis constituted under this Act in such area in accordance with 



(iv) vested in such Zilla Parishad shall vest in the Zilla Parishad constituted 

under this Act; 

(c) all rights acquired, all debts and obligations incurred, all matters and things 

engaged to be done — 

(i) by such Gram Panchayat shall be deemed to have been acquired, 

incurred or engaged to be done by the Gram Panchayat or Gram Panchayats 

constituted under this Act in such area, as may be determined by the prescribed 

authority under sub-clause (z) of clause (b), 

(ii) by such Anchal Panchayat shall be deemed to have been acquired, 

incurred or engaged to be done by such Gram Panchayat or Gram Panchayats 


authority under sub-clause (ii) of clause (b), 

1 (iia) by such Union Boards shall be deemed to have been acquired, incurred or 

engaged to be done by such Gram Panchayat or Gram Panchayats constituted 

under this Act in such area, as may be determined by the prescribed authority 

under sub-clause (iia) of clause (b), 

(iii) by such Anchalik Parishad shall be deemed to have been acquired, 

incurred or engaged to be done by such Panchayat Samiti or Panchayat Samitis 


authority under sub-clause (iii) of clause (b), 

(iv) by such Zilla Parishad shall be deemed to have been acquired, incurred 

or engaged to be done by the Zilla Parishad constituted under this Act; 

(d) all suits or other legal proceedings instituted or which but for the coming into 

office of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad 

constituted under this Act, might have been instituted by or against 2 [the Union 

187

Board constituted under the Bengal Village Self-Government Act, 1919, or] the 

Gram Panchayat or Anchal Panchayat, constituted under the West Bengal 

Panchayat Act, 1957, or the Anchalik Parishad or Zilla Parishad established 

under the West Bengal Zilla Parishads Act, 1963, may be continued or instituted 

by or against the Gram Panchayat or Panchayat Samiti, as determined by the 

prescribed authority under sub-clauses (i), (ii), 1 [(iia)] or (iii) of clause (b), or the 

Zilla Parishad, as the case may be, and in all such suits or other legal 

proceedings pending immediately before such constitution or establishment, 

such Gram Panchayat, Panchayat Samiti or Zilla Parishad constituted under this 

Act, shall stand substituted; 

(e) all suits and cases pending before a Nyaya Panchayat West Ben. constituted 

under the West Bengal Panchayat Act, 1957, shall be deemed to have been 

transferred to such Nyaya Panchayat constituted under this Act as may be 

determined by the prescribed authority; 

(f) persons employed by— 

(i) such Gram Panchayat and continuing in office immediately before the 

coming into office of the Gram Panchayat constituted under this Act for such area 

shall be deemed to be employed by such Gram Panchayat or Gram Panchayats 

constituted under this Act, as may be determined by the prescribed authority, 

(ii) such Anchal Panchayat and continuing in office immediately before the 

coming into office of the Gram Panchayat or Gram Panchayats constituted under 

this Act for such area shall be deemed to be employed by such Gram Panchayat 

or Gram Panchayats constituted under this Act, as may be determined by the 

prescribed authority, 

2 (iia) such Union Board and continuing in office immediately before the coming 

into office of the Gram Panchayat or Gram Panchayats constituted under this Act 

for such area shall be deemed to be employed by such Gram Panchayat or 

Gram Panchayats constituted under this Act, as may be determined by the 

prescribed authority, 

(iii) such Anchalik Parishad and continuing in office immediately before the 

coming into office of the Panchayat Samiti or Panchayat Samitis constituted 

188

under this Act for such area shall be deemed to be employed by such Panchayat 

Samiti or Panchayat Samitis as may be determined by the prescribed authority, 

(iv) 1 such Zilla Parishad and continuing in office immediately before the coming 

into office of the Zilla Parishad constituted under this Act shall be deemed to be 

employed by such Zilla Parishad: 

Provided that the terms and conditions of such persons shall not be less 

advantageous than those enjoyed by them immediately before the coming into 

office of such Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case 

may be; 

(g) all rules, orders, bye-laws and notifications made or issued from time to time 

under the provisions of the Bengal Local Self-Government Act, 1885, applicable 

to the District Board, 2 [or the Bengal Village Self-Government Act, 1919, 

applicable to the Union Board,] or the West Bengal Panchayat Act, 1957, or the 

West Bengal Zilla Parishads Act, 1963, applicable to the Gram Panchayat, 

Anchal Panchayat, Anchalik Parishad and Zilla Parishad and continuing in force 

immediately before the coming into office of the Gram Panchayat, Panchayat 

Samiti and Zilla Parishad under this Act shall, after such coming into office, 

continue in force in so far as they are not inconsistent with the provisions of this 

Act until they are repealed or amended. 

220. Prosecution in a court under this Act for breach of bye-laws may be 

instituted by a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad or by any 

person authorised by such Gram Panchayat, Panchayat Samiti or Zilla Parishad, 

as the case may be, in this behalf. 

221. 3 [All arrears of taxes, tolls, rates, fees and cess] leviable by a Gram Panchayat, a 

Panchayat Samiti or Zilla Parishad under this Act shall, without prejudice to any other 

mode of recovery, be recoverable as public demands. 

Prosecution. 

Recovery of 

arrears. 

222. [(Provisions for removing difficulties.)—Omitted by s. 61 of the West Bengal 

Panchayat (Amendment) Act, 1984 (West Ben. Act XXXVII of I984).] 

189

Bye-laws. 

223. (1) A Gram Panchayat, a Panchayat Samiti or a Zilla Parishad '[shall make 

bye-laws,] 2 [or amend bye-taws], not inconsistent with the provisions of this Act 

or the rules made thereunder, for enabling it to discharge its functions under this 

Act. 

3 (1A) The bye-laws made or amended under sub-section (1) shall be published 

by the Gram Panchayat or the Panchayat Samiti or the Zilla Parishad, as the 

case may be, in the manner prescribed. 

(2) The State Government may, by notification, rescind any bye-law and 

thereupon such bye-law shall cease to have effect. 

(3) In making a bye-law under sub-section (1), a Gram Panchayat, a Panchayat 

Samiti or a Zilla Parishad may provide that a breach of the same shall be 

punishable with fine which may extend to one hundred rupees, and in the case of 

a continuing breach with a further fine which may extend to ten rupees for every 

day during which the breach continues after the offender has been convicted of 

such breach. 

Power to make 

rules. 

224. (1) The State Government may, after previous publication, make rules for carrying 

out the purposes of this Act. 

(2) In particular and without prejudice to the generality of the foregoing power, such 

rules may provide for all or any of the matters which under any provision of this Act, are 

required to be prescribed or to be provided for by rules. 

(3) All rules made under this Act shall be published in the Official Gazette, and shall, 

unless some later date is appointed by the State Government, come into force on the date 

of such publication. 

(4) All rules made under this Act shall be laid for not less than fourteen days before the 

State Legislature as soon as possible after they are made and shall be subject to such 

modification as the State Legislature may make during the session in which they are so 

laid. Any modification of the said rules made by the State Legislature shall be published 

in the Official Gazette, and shall, unless some later date is appointed by the State 

Government, come into force on the date of such publication. 

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